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

• St. Louis v. Sands
  401 F. Supp. 2d 1351· S.D. Fla.· 2005-11-08
  The court held that the plaintiff failed to state a claim for racial discrimination under 42 U.S.C. § 1981 and for retaliation under the First Amendment, thus granting the motion to dismiss.
• Petchem, Inc. v. Canaveral Port Auth.
  368 F. Supp. 2d 1292· M.D. Fla.· 2005-05-13
  The court held that the settlement agreement did not clearly preclude the dormant Commerce Clause claim, but that the Port Authority, as a governmental entity, is immune from punitive damages under 42 U.S.C. § 1983.
• Langlois v. City of Deerfield Beach
  370 F. Supp. 2d 1233· S.D. Fla.· 2005-03-23
  The court held that the City violated the FMLA by refusing to reinstate Langlois based on its own internal policies and denying his medical certifications. The court also held that Langlois failed to demonstrate a First Amendment violation as his speech was not a matter of public
• Woods v. Paradis
  380 F. Supp. 2d 1316· S.D. Fla.· 2005-02-22
  The court granted summary judgment for the defendants, finding the officer had arguable probable cause for the arrest, thus entitling him to qualified immunity.
• Doss v. Crosby
  357 F. Supp. 2d 1334· N.D. Fla.· 2005-02-21
  A habeas petition challenging the loss of gain time is moot when the petitioner's sentence has expired, even if the forfeited gain time could have theoretically shortened the incarceration period.
• Ray Ex Rel. R.M. v. Foltz
  354 F. Supp. 2d 1309· M.D. Fla.· 2005-01-21
  The court held that the plaintiffs' allegations, taken as true, sufficiently stated a claim for a constitutional violation under 42 U.S.C. § 1983, and that qualified immunity was inapplicable, thus denying the defendants' motions to dismiss.
• Griffin v. City OF OPA Locka
  891 So. 2d 1127· Fla. 3d DCA· 2004-12-29
  The City is required to pay the civil rights judgment against its employee because the jury's finding of rape constitutes an intentional harm, satisfying the statutory exception.
• Wenzel v. Bankhead
  351 F. Supp. 2d 1316· N.D. Fla.· 2004-12-14
  The court held that the Department of Juvenile Justice's random drug testing policy was unconstitutional as applied to an employee whose position did not present a concrete risk of harm. However, claims for back pay were barred by the Eleventh Amendment and qualified immunity.
• Perez v. Miami-Dade Cnty.
  348 F. Supp. 2d 1343· S.D. Fla.· 2004-12-14
  The court held that the defendant county was not liable for excessive force under § 1983 because the plaintiff failed to demonstrate a municipal policy or custom of permitting such force, nor did the county exhibit deliberate indifference to the officer's alleged racism or reckle
• Dominguez v. Metro. Miami-Dade Cnty.
  359 F. Supp. 2d 1323· S.D. Fla.· 2004-11-23
  The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
• Diaz v. Hood
  342 F. Supp. 2d 1111· S.D. Fla.· 2004-10-26
  The court held that the plaintiffs, both individual and union, lacked standing to bring their claims because they failed to allege sufficient facts demonstrating injury in fact, causation, or redressability, or failed to identify specific injured members.
• Cannon v. Lindsey
  328 F. Supp. 2d 1287· M.D. Fla.· 2004-07-30
  A minor in state foster care was abused by his adoptive mother after the Department of Children and Families placed and facilitated his adoption despite evidence of risk. The court held that the plaintiff's section 1983 claims were timely under federal accrual principles and that
• Thompson v. Spears
  336 F. Supp. 2d 1224· S.D. Fla.· 2004-07-19
  The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
• Aisenberg v. Hillsborough Cnty. Sheriff's Off.
  2004 U.S. Dist. LEXIS 13498· M.D. Fla.· 2004-07-16
  Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
• Mekertin v. Winn Dixie Stores, Inc.
  869 So. 2d 1286· Fla. 4th DCA· 2004-04-21
  The appellate court affirmed the dismissal because it lacked jurisdiction to review the prior dismissal orders, as no timely notice of appeal was filed for those orders.
• Sabir Abdul-Haqq Yasir v. Hancock
  868 So. 2d 670· Fla. 2d DCA· 2004-03-31
  The court affirmed the denial of the prevailing party motion but reversed the recommendation of sanctions, finding the supplemental pleading was not frivolous and the trial court failed to follow proper procedure.
• Green v. Abony Bail Bond
  316 F. Supp. 2d 1254· M.D. Fla.· 2004-03-30
  Bail bondsmen acting to apprehend a principal are not state actors for purposes of 42 U.S.C. § 1983, even if their authority derives from state law.
• Cotton v. Martin Cnty.
  306 F. Supp. 2d 1182· S.D. Fla.· 2004-02-27
  The court granted summary judgment for the County on federal claims, denied the plaintiff's motions, and declined supplemental jurisdiction over state law claims.
• Pino v. City of Miami
  315 F. Supp. 2d 1230· S.D. Fla.· 2004-02-18
  The court granted summary judgment for the City, finding no evidence of a policy or custom supporting the § 1983 claim and that the plaintiff failed to exhaust administrative remedies for the Whistleblower Act claim.
• Hernandez v. City of Miami
  302 F. Supp. 2d 1373· S.D. Fla.· 2004-02-13
  A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
• Afkhami v. Carnival Corp.
  305 F. Supp. 2d 1308· S.D. Fla.· 2004-01-28
  The court granted Carnival's motion for summary judgment on some claims, finding no genuine issue of material fact regarding discrimination, but allowed other claims to proceed.
• Johnson's Servs., Inc. v. Pinellas Cnty.
  863 So. 2d 470· Fla. 2d DCA· 2004-01-21
  Johnson's Services challenged a summary judgment dismissing its §1983 procedural due process claim against Pinellas County for curbing off two of the company's gas station driveways without notice. The court reversed, holding that Johnson's Services had a constitutionally protect
• One World One Family Now v. City of Key W.
  293 F. Supp. 2d 1291· S.D. Fla.· 2003-11-12
  The court held that the City's new ordinance prohibiting portable tables on sidewalks is a permissible time, place, and manner restriction that does not violate the First Amendment or the Equal Protection Clause, and does not violate a prior consent order.
• Byford v. Stephens
  299 F. Supp. 2d 1253· S.D. Fla.· 2003-11-07
  The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
• IN & FOR NEW Castle Cnty. Joyce Parker & Willie Parker v. C.A. No. 99C-07-323-JRJ
  Del. Super. Ct.· 2003-10-14
  The court granted the plaintiffs' motion to amend their complaint, finding that justice required permitting the amendment. The court determined that the proposed amendments related back to the date of the original filing and that the defendants would not be unduly prejudiced.
• Komando v. Adriazola
  284 F. Supp. 2d 1368· S.D. Fla.· 2003-09-04
  The court held that the plaintiff adequately stated a claim for violation of a constitutional right and that the defendants are not entitled to dismissal based on qualified immunity at this stage.
• Sun-Sentinel Co. v. City of Hollywood
  274 F. Supp. 2d 1323· S.D. Fla.· 2003-07-25
  The court held that the Florida pedestrian regulation statute is content-neutral, narrowly tailored, and leaves open ample alternative avenues for communication, thus denying the motion for a preliminary injunction.
• Cromer v. Crowder
  2003 U.S. Dist. LEXIS 12625· S.D. Fla.· 2003-07-17
  Summary judgment is granted for defendants because plaintiff failed to establish genuine issues of material fact regarding her claims of constitutional violations and conspiracy.
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23 ·via Section 1983
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• Bfi Waste Sys. of N. Am., Inc. v. Broward Cnty.
  265 F. Supp. 2d 1332· S.D. Fla.· 2003-06-06
  The court held that the County's actions in contracting for solid waste disposal and requiring haulers to use designated facilities fall under the market participant doctrine, thus exempting them from Commerce Clause scrutiny.
• Clanton v. Glover
  280 F. Supp. 2d 1360· M.D. Fla.· 2003-05-09
  Summary judgment is inappropriate because genuine issues of material fact exist regarding the state's involvement in or encouragement of prayer at the end of group sessions.
• Caruso v. City of Cocoa
  260 F. Supp. 2d 1191· M.D. Fla.· 2003-05-01
  Robert and Anthony Caruso, Italian American police officers employed by the City of Cocoa, Florida, filed suit alleging violations of their Fourth Amendment rights, First Amendment freedom of association, and Title VII employment discrimination based on race and national origin.
• Beeline Ent. P'rs, Ltd. v. Cnty. of Orange
  243 F. Supp. 2d 1333· M.D. Fla.· 2003-01-13
  The court held that the plaintiff's claims were not ripe for adjudication because they involved as-applied challenges to an ordinance and the plaintiff had not exhausted administrative remedies.
• Miami-Dade Cnty. v. Walker
  837 So. 2d 1049· Fla. 3d DCA· 2002-12-26
  Miami-Dade County appeals a judgment for Arthur Walker in a civil rights action under 42 U.S.C. § 1983 based on alleged failure to train police officers in dealing with the mentally ill. The court reverses, holding that Walker failed to establish both deliberate indifference and
• Klauber v. City of Sarasota
  235 F. Supp. 2d 1263· M.D. Fla.· 2002-11-18
  The court granted summary judgment for the defendants on the Equal Protection and First Amendment claims, finding no genuine issue of material fact regarding intentional discrimination or proper pleading of the First Amendment claim.
• Jackson v. State
  829 So. 2d 398· Fla. 3d DCA· 2002-11-06
• United Teachers of Dade v. Stierheim
  213 F. Supp. 2d 1368· S.D. Fla.· 2002-07-10
  The court held that excluding a publication from a press room based on its content or viewpoint, even if it is a union publication, violates the First Amendment.
• Broward Cnty. v. Bellsouth Telecomms., Inc.
  820 So. 2d 1001· Fla. 4th DCA· 2002-06-26
  A charter county has the statutory authority to impose an annual occupancy fee on telecommunications companies using its rights-of-way, and this authority is not preempted by state law.
• Grix v. The Fla. Fish & Wildlife Conservation Comm'n
  821 So. 2d 315· Fla. 4th DCA· 2002-05-22
  Appellant Grix challenged summary judgment against him in his suit for damages and declaratory relief against the Florida Fish and Wildlife Conservation Commission. The court affirmed, holding that a marine patrol officer had probable cause to detain Grix and measure his cast net
• Rectory Park, L.C. v. City of Delray Beach
  208 F. Supp. 2d 1320· S.D. Fla.· 2002-05-07
  The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.
• Kemner v. Hemphill
  199 F. Supp. 2d 1264· N.D. Fla.· 2002-05-03
  The court held that the plaintiff's allegations of sexual assault, including forced oral sex, resulting in physical pain, cuts, bruises, vomiting, and shock, constitute 'physical injury' under the PLRA, 42 U.S.C. § 1997e(e), thus allowing claims for compensatory and punitive dama
• Hadsock v. Bush
  180 F. Supp. 2d 1321· S.D. Fla.· 2001-12-04
  The court held that the Eleventh Amendment does not bar claims under the Medicaid Act but does bar claims under the Adoption and Safe Families Act due to its detailed remedial scheme. The court also found that Younger abstention did not apply.
• Nelson v. City of Panama City
  176 F. Supp. 2d 1288· N.D. Fla.· 2001-12-03
  The court held that official capacity claims against an officer are redundant to claims against the city, and that certain state law claims against the city are barred by sovereign immunity, but other claims, including abuse of process and negligent hiring, survive a motion to di
• Scott v. Polk Cnty.
  793 So. 2d 85· Fla. 2d DCA· 2001-08-15
  The appellate court held that the trial court lacked jurisdiction to dismiss the special master proceedings, as these proceedings are informal and nonjudicial, separate from formal judicial review.
• Palermo v. Corr. Med. Servs., Inc.
  148 F. Supp. 2d 1340· S.D. Fla.· 2001-06-21 ·via 42 U.S.C. § 1983 Claim
  Summary judgment is granted for Dr. Fisher and CMS because the plaintiff failed to present sufficient evidence of deliberate indifference to serious medical needs or a custom of denying surgery.
• Ross v. City of Orlando
  141 F. Supp. 2d 1360· M.D. Fla.· 2001-06-04
  The court held that while the city ordinance was not facially vague, its application to the plaintiff's boat on a trailer constituted an erroneous interpretation, not a constitutional violation.
• Johnson v. Sackett
  793 So. 2d 20· Fla. 2d DCA· 2001-03-28
  Julie Johnson appeals summary judgment dismissing claims against Nancy Sackett, a DHRS caseworker, arising from the removal of her three children in 1989. The court affirms dismissal of claims related to taking the children into protective custody but reverses summary judgment on
• Wilson v. Silcox
  151 F. Supp. 2d 1345· N.D. Fla.· 2001-03-07
  The court adopted the magistrate judge's recommendation to deny the defendant's motion for summary judgment, finding that the plaintiff presented sufficient evidence for his First Amendment retaliation claim and that his Eighth Amendment claim for psychological harm from verbal t
• Hunt v. City of Mulberry
  173 F. Supp. 2d 1288· M.D. Fla.· 2001-02-08
  The court held that the plaintiff's federal due process claims failed because he received adequate pre- and post-termination procedures and available state remedies, and that state-created employment rights are not protected by substantive due process. The court declined suppleme
• IN & FOR KENT CNTY. IN RE: 244.5 ACRES OF LAND
  Del. Super. Ct.· 2001-01-19
  The Court held that the fifty-foot setback requirement under the Delaware Agricultural Lands Preservation Act applies to the plaintiff's development because it had not satisfied the "permit-plus" standard. Furthermore, the Court found that the setback requirement did not constitu