42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Petersen v. Florida Bar
  720 F. Supp. 2d 1351· M.D. Fla.· 2010-06-28
  The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
• Signature Pharmacy, Inc. v. Soares
  717 F. Supp. 2d 1276· M.D. Fla.· 2010-06-10
  The court held that plaintiffs have standing to assert unlawful seizure claims and that probable cause for the warrants must be assessed based on the affidavit's contents.
• Bakri v. City of Daytona Beach
  716 F. Supp. 2d 1165· M.D. Fla.· 2010-05-07
  The court held that officers were not entitled to qualified immunity for the § 1983 claim because they lacked arguable probable cause to arrest the plaintiff, but the plaintiff failed to establish a bona fide termination of proceedings for his malicious prosecution claim.
• Jessup v. Miami-Dade Cnty.
  697 F. Supp. 2d 1312· S.D. Fla.· 2010-03-18
  Summary judgment was granted for the defendants because the plaintiff failed to present admissible evidence showing deliberate indifference to serious medical needs or negligence.
• Enriquez v. Kearney
  694 F. Supp. 2d 1282· S.D. Fla.· 2010-02-26
  The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants.
• Evans v. Bayer
  684 F. Supp. 2d 1365· S.D. Fla.· 2010-02-12
  The court held that the plaintiff's speech was off-campus and protected, and that the defendant was not entitled to qualified immunity for suspending her.
• Bankshot Billards, Inc. v. City of Ocala
  692 F. Supp. 2d 1343· M.D. Fla.· 2010-02-12
  The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
• S. Waste Sys., LLC v. City of Coral Springs
  687 F. Supp. 2d 1342· S.D. Fla.· 2010-01-22
  The court held that the exclusive franchise agreement and city ordinance did not violate the Dormant Commerce Clause because the bidding process was fair and open, and the agreement did not discriminate against interstate commerce.
• Rodriguez v. City of Clermont
  681 F. Supp. 2d 1313· M.D. Fla.· 2009-12-31
  Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
• Akeem Muhammad v. McNEIL
  13 So. 3d 504· Fla. 1st DCA· 2009-06-09
  Akeem Muhammad, a Muslim prisoner, challenged the Florida Department of Corrections' refusal to accommodate his religious dietary needs during Ramadan and housing conditions, claiming violations of RLUIPA, the First Amendment, Eighth Amendment, and Fourteenth Amendment. The court
• Tooma v. Fla. Parole Comm'n
  612 F. Supp. 2d 1255· S.D. Fla.· 2009-04-10
  The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
• Spechler v. Tobin
  591 F. Supp. 2d 1350· S.D. Fla.· 2008-12-10
  The court held that the Chief Judge is entitled to qualified immunity because he acted within his discretionary authority and did not violate clearly established constitutional rights, and the plaintiff lacks standing.
• Oliver v. City of Orlando
  574 F. Supp. 2d 1279· M.D. Fla.· 2008-08-20
  The officers are not entitled to qualified immunity because their use of force was excessive and violated the Fourth Amendment, and the right was clearly established.
• Chabad of Nova, Inc. v. City of Cooper City
  575 F. Supp. 2d 1280· S.D. Fla.· 2008-07-29
  The court held that the plaintiff had standing to challenge zoning restrictions on religious assemblies in business districts but not in other districts for certain claims. The court found the pre-October 2006 zoning code imposed unreasonable limitations on religious assemblies'
• Holloway v. Bizzaro
  571 F. Supp. 2d 1270· S.D. Fla.· 2008-07-29
  The court held that a prisoner's civil rights complaint seeking compensatory damages is barred by the Prison Litigation Reform Act if the prisoner fails to allege a physical injury.
• Crenshaw v. Lister
  566 F. Supp. 2d 1334· M.D. Fla.· 2008-07-15
  The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
• Williams v. Sirmons
  563 F. Supp. 2d 1315· M.D. Fla.· 2008-05-27
  Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
• Jones v. Jeld-Wen, Inc.
  213 F.R.D. 166· S.D. Fla.· 2008-05-09
  The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
• Ball v. City of Coral Gables
  548 F. Supp. 2d 1364· S.D. Fla.· 2008-04-09
  Summary judgment is granted for the defendants on all claims, as the police officers had probable cause for the arrest under a valid mutual aid agreement, and the police department is not a suable entity.
• IN & FOR NEW Castle Cnty. Richard L. Abbott v. Gordon
  Del. Super. Ct.· 2008-03-27
  The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The plaintiff's claims under 42 U.S.C. § 1983 were dismissed due to the absence of a constitutional right to hold office, the statute of limita
• Henry Co. Homes, Inc. v. Curb
  548 F. Supp. 2d 1281· N.D. Fla.· 2008-03-11
  The court granted summary judgment for the defendant, finding he was entitled to qualified immunity because he acted within his discretionary authority and the plaintiff failed to establish a violation of constitutional rights.
• Staco v. Miami-Dade Cnty.
  536 F. Supp. 2d 1301· S.D. Fla.· 2008-02-26
  The court held that officers had arguable probable cause for the arrest, entitling them to qualified immunity, and thus dismissed the federal claims.
• Smith v. Campbell
  545 F. Supp. 2d 1218· N.D. Fla.· 2008-02-13 ·via Section 1983
  The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
• Cartanza v. C.A. No. 2641-MG Del. Dep't OF Natural Res. & Env't Control
  Del. Ch.· 2008-02-06
  The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
• Sauve v. Lamberti
  195 F. Supp. 713· S.D. Fla.· 2008-01-28
  The court granted the defendant's motion to dismiss the Eighth Amendment claim and strike the punitive damages claim due to the plaintiff's failure to properly respond.
• Sharp v. City of Palatka
  529 F. Supp. 2d 1371· M.D. Fla.· 2008-01-05
  The court held that a Burlington-type analysis is appropriate for First Amendment retaliation claims under § 1983, and that while excluding a plaintiff's name from press releases is too trivial to be an adverse employment action, other claims such as demotion and false accusation
• Sharp v. City of Palatka
  529 F. Supp. 2d 1342· M.D. Fla.· 2007-12-20
  The court granted summary judgment for the defendants, finding they were entitled to qualified immunity and that the plaintiff failed to establish the elements of malicious prosecution, specifically the absence of probable cause and malice.
• Cortes v. Jordan
  504 F. Supp. 2d 1318· S.D. Fla.· 2007-08-21
  Federal judges are absolutely immune from suit for acts taken in their judicial capacity, and this immunity can be raised sua sponte by the court under unusual circumstances.
• Calhoun v. Volusia Cnty.
  499 F. Supp. 2d 1299· M.D. Fla.· 2007-08-13
  The court affirmed the grant of summary judgment, holding that while there was a jury question regarding deliberate indifference to the plaintiff's post-operative care by Halifax employees, the plaintiff failed to establish municipal liability due to lack of policy or custom, and
• Seraphin Ex Rel. Estate of Seraphin v. Parapella
  489 F. Supp. 2d 1354· S.D. Fla.· 2007-05-16
  The court held that Broward County is a proper party, not a nominal one, and its failure to consent to removal requires remand.
• Maverick Media Grp. v. Hillsborough Cnty.
  508 F. Supp. 2d 1126· M.D. Fla.· 2007-05-16
  The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
• In & for New Castle Cnty. Wilmington Hospitality, LLC
  Del. Super. Ct.· 2007-04-26
  The Court denied New Castle County's motion for summary judgment, finding genuine issues of material fact regarding whether the plaintiff was treated differently from similarly situated entities without a rational basis, and whether a breach of contract occurred. The Court also h
• Amnesty Int'l v. Battle
  484 F. Supp. 2d 1279· S.D. Fla.· 2007-04-24
  The court held that the plaintiff failed to allege sufficient facts to overcome the defendants' qualified immunity defense, as the allegations were too vague and conclusory to establish a violation of clearly established constitutional rights.
• Harrell v. Campbell
  482 F. Supp. 2d 1368· N.D. Fla.· 2007-03-09
  The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
• Thampi v. Collier Cnty. Bd. of Comm'rs
  510 F. Supp. 2d 838· M.D. Fla.· 2007-03-05
  The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
• Diaz v. Cobb
  475 F. Supp. 2d 1270· S.D. Fla.· 2007-02-27
  The court held that a voter's claim for injunctive relief was moot, and claims regarding lack of notice and the mental capacity checkbox failed to state a claim, but the claim regarding the lack of a grace period for registration deficiencies was allowed to proceed.
• Wolk v. Seminole Cnty.
  510 F. Supp. 2d 786· M.D. Fla.· 2007-02-16
  The court held that disputed facts regarding probable cause precluded summary judgment for Deputy Klein on the false arrest and imprisonment claims, but granted summary judgment for other defendants on those claims. Summary judgment was granted for all defendants on the unconstit
• Davis v. City of Panama City
  510 F. Supp. 2d 671· N.D. Fla.· 2007-02-13
  The court held that the plaintiff failed to establish direct evidence of race discrimination related to his termination and that while he established a prima facie case for disparate treatment based on circumstantial evidence, the employer articulated a legitimate, nondiscriminat
• Abad v. City of Marathon
  472 F. Supp. 2d 1374· S.D. Fla.· 2007-02-08
  The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• Alverna Brown v. Jenne
  941 So. 2d 447· Fla. 4th DCA· 2006-10-25 ·via 42 U.S.C. § 1983 Liability
  The Fourth District Court of Appeal reversed a trial court's grant of a motion to dismiss based on absolute sovereign immunity for county fire rescue personnel sued under 42 U.S.C. § 1983. The court held that county employees, unlike state agencies, do not enjoy absolute sovereig
• Deprado v. City of Miami
  446 F. Supp. 2d 1344· S.D. Fla.· 2006-09-20
  A public employee's testimony pursuant to official duties is not protected speech under the First Amendment, and a transfer without demonstrable negative impact is not an adverse employment action.
• Wilbesan Charter Sch. v. Sch. Bd. of Hillsborough Cnty.
  447 F. Supp. 2d 1292· M.D. Fla.· 2006-08-15
  The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
• Daniels v. Crosby
  444 F. Supp. 2d 1220· N.D. Fla.· 2006-08-09
  A prisoner transferred under the Interstate Corrections Compact does not have a property interest in wages under Florida law, and thus cannot establish a due process claim for non-payment.
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  436 F. Supp. 2d 1325· S.D. Fla.· 2006-06-26
  The court held that the City of Hollywood's zoning regulations granting special exceptions were unconstitutionally vague and granted unbridled discretion, thus acting as an unconstitutional prior restraint on First Amendment activity.
• Frazier Ex Rel. Frazier v. Alexandre
  2006 U.S. Dist. LEXIS 38561· S.D. Fla.· 2006-05-31
  The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
• Watson Constr. Co. v. City of Gainesville
  433 F. Supp. 2d 1269· N.D. Fla.· 2006-05-23
  The court held that the plaintiff could not prove a procedural due process claim because the City's moratorium ordinance was a legislative act, and thus summary judgment was granted on that count.
• Int'l Longshoremen's Ass'n v. Miami-Dade Cnty.
  926 So. 2d 433· Fla. 3d DCA· 2006-04-05
  The International Longshoremen's Association and its members challenged Miami-Dade County's temporary suspension of their Port security clearances following Coast Guard-mandated security reviews. The court affirmed dismissal of their due process claim, holding that workers have n
• R.K. v. Kanaski
  426 F. Supp. 2d 1290· S.D. Fla.· 2006-03-24
  The court held that defendants lacked standing to assert confidentiality objections under Florida statutes regarding child welfare records, and even if they had standing, the statutes did not bar the use of such records in a federal civil rights action, particularly when an excep
• Avalon Carriage Serv. Inc. v. City of St. Augustine
  417 F. Supp. 2d 1279· M.D. Fla.· 2006-02-23
  The court held that the City Defendants are entitled to summary judgment on the equal protection and commerce clause claims, and on the antitrust claims due to the state action doctrine. Individual defendants Harriss and Litzinger are also entitled to summary judgment on qualifie