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

• Widmer v. Moore
  776 So. 2d 324· Fla. 1st DCA· 2001-01-10
  An inmate member of the Hare Krishna sect appeals the dismissal of his § 1983 complaint alleging prison officials violated his First Amendment rights by denying him a vegetarian diet and religious beads. The court reversed the dismissal of claims for injunctive relief against one
• Mason v. City of Tampa
  134 F. Supp. 2d 1309· M.D. Fla.· 2000-12-01
  The court held that genuine issues of material fact existed regarding the plaintiff's claims of race discrimination and retaliation, but granted summary judgment for the defendants on the claims of hostile work environment and constructive discharge.
• Noble v. Tooley
  125 F. Supp. 2d 481· M.D. Fla.· 2000-11-21
  The court held that the plaintiffs demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, warranting a preliminary injunction against warrantless searches based on a lease provision.
• Neumont v. Monroe Cnty.
  990 F. Supp. 2d 926· S.D. Fla.· 2000-11-02
  The court affirmed and adopted the magistrate judge's report and recommendation, granting the plaintiffs' motion for class certification.
• Hornfeld v. City of N. Miami Beach
  107 F. Supp. 2d 1359· S.D. Fla.· 2000-08-03
  The court held that the Age Discrimination in Employment Act (ADEA) remains valid under the Commerce Clause as applied to municipalities, and that the Supreme Court's decision in Kimel v. Florida Bd. of Regents did not alter the legal standard for reduction-in-force claims under
• Kruger v. Jenne
  164 F. Supp. 2d 1330· S.D. Fla.· 2000-06-19
  The court adopted the magistrate judge's recommendation, denying defendants' motions to dismiss and for a more definite statement, finding the plaintiff's allegations sufficient to proceed.
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• Sendelbach v. Lockwood
  760 So. 2d 227· Fla. 5th DCA· 2000-05-12
  A municipal official's decision is not final if subject to meaningful administrative review, thus precluding a § 1983 claim based on that decision.
• Ruszala v. Walt Disney World Co.
  95 F. Supp. 2d 1323· M.D. Fla.· 2000-04-25
  The court held that the sheriff's deputy had probable cause to arrest the plaintiff for employee theft, which serves as a complete defense to claims of false arrest and conspiracy to violate civil rights.
• Dow Jones & Co., Inc. v. Kaye
  2000 U.S. Dist. LEXIS 5456· S.D. Fla.· 2000-04-05
  The court held that the newspaper publishers have standing and that neither the Rooker-Feldman doctrine nor Younger abstention bars their First Amendment claims in federal court.
• Morton L. Wald v. City OF Margate
  756 So. 2d 168· Fla. 4th DCA· 2000-03-29
  A Florida appellate court reversed summary judgment for a police officer charged with wrongful arrest under 42 U.S.C. § 1983, holding that factual disputes about whether the officer had probable cause to arrest the plaintiff for DUI must be resolved by a jury before qualified imm
• Boyce v. Honeywell, Inc.
  977 F. Supp. 2d 621· M.D. Fla.· 2000-02-17
  Class certification is denied because the plaintiffs failed to satisfy the prerequisites of Rule 23(a), specifically commonality and typicality, due to the distinct nature of the operations and the varied individual circumstances of the claims.
• Calvert v. Collins
  763 So. 2d 1145· Fla. 4th DCA· 2000-01-19
  The court held that the sheriff's alleged failure to enforce a policy regarding off-duty employment was insufficient to establish a cause of action under 42 U.S.C. § 1983 for a deputy's alleged false arrest and illegal search.
• Reed v. Aerothrust Corp.
  748 So. 2d 368· Fla. 3d DCA· 2000-01-12
• Kissimmee River Valley Sportsmans Ass'n v. City of Lakeland
  60 F. Supp. 2d 1289· M.D. Fla.· 1999-08-17
  The Court held that the Federal Aid in Sportfish Recreation Act and its regulations do not create a federal right enforceable under 42 U.S.C. § 1983, and therefore dismissed the federal claim and related state law claims.
• Dicks v. Jenne
  740 So. 2d 576· Fla. 4th DCA· 1999-07-21
  In this civil rights action under 42 U.S.C. § 1983, the court addresses whether the law of the case doctrine bars reconsideration of qualified immunity and probable cause issues that were previously decided by the appellate court. The court holds that once an appellate court has
• Williams v. Bierman
  46 F. Supp. 2d 1262· M.D. Fla.· 1999-04-13
  Defendants are entitled to dismissal because they are immune from civil liability for actions taken in judicial proceedings or as private individuals not acting under color of state law, and plaintiffs failed to state a claim for deprivation of federal rights.
• Bass v. Bd. of Cnty. Comm'rs of Orange Cnty.
  38 F. Supp. 2d 1001· M.D. Fla.· 1999-03-22
  Summary judgment is granted for the County because the plaintiff failed to present evidence of race discrimination or retaliation, and the County provided legitimate, non-discriminatory reasons for its employment decisions.
• Wimer v. Vila
  37 F. Supp. 2d 1351· M.D. Fla.· 1999-03-03
  The court held that the plaintiffs failed to state claims for violations of substantive and procedural due process rights, and declined supplemental jurisdiction over state law claims.
• Evans v. City of Neptune Beach
  61 F. Supp. 2d 1245· M.D. Fla.· 1998-12-23
  The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.
• Rowe v. Bd. of Trs. for the Fla. Sch. for the Deaf & Blind
  718 F. Supp. 1446· M.D. Fla.· 1998-12-15
  The court held that the plaintiff's claims were time-barred, lacked sufficient proof, or were barred by qualified immunity, entitling the defendants to summary judgment on all counts.
• Wallace v. Sch. Bd. of Orange Cnty.
  41 F. Supp. 2d 1321· M.D. Fla.· 1998-12-15
  Summary judgment is granted for the defendant on all counts because the plaintiff failed to establish that his speech was a matter of public concern, that it was a substantial factor in his termination, or that the stated reason for termination was pretextual.
• Eubanks v. Gerwen
  720 So. 2d 1164· Fla. 4th DCA· 1998-11-25
  The appellate court held that the trial judge should have recused herself to avoid the appearance of impropriety, even if the motion to disqualify was not legally sufficient on its face.
• Stricker v. Kuehl
  1998 U.S. Dist. LEXIS 18785· M.D. Fla.· 1998-11-16
  The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted for various alleged constitutional and tort violations.
• Huerta v. Hillsborough Cnty.
  720 So. 2d 276· Fla. 2d DCA· 1998-10-23
  Henry Huerta, a county employee, was terminated two days after being quoted in a newspaper article criticizing the county's child care licensing program. The court reversed summary judgment for the defendant on qualified immunity grounds, holding that Huerta's termination in reta
• Anthony v. Burkhart
  28 F. Supp. 2d 1239· M.D. Fla.· 1998-09-30
  The court held that the plaintiff failed to establish genuine issues of material fact regarding his claims of racial discrimination and retaliation, and that the defendants were entitled to qualified immunity.
• Peoples v. Fla. Dep't of Child. & Families
  N.D. Fla.· 1998-09-30
  The court held that while the Department considered race as a motivating factor in promotion decisions, violating Title VII and § 1983, the plaintiff would not have been promoted even without discrimination, thus barring her § 1983 claim but allowing limited Title VII relief.
• Fla. Pharmacy Ass'n v. Cook
  17 F. Supp. 2d 1293· N.D. Fla.· 1998-09-04
  Three individual pharmacists and the Florida Pharmacy Association challenged Florida's implementation of a variable Medicaid reimbursement fee schedule for pharmacies, alleging violations of federal law. The district court held that most federal provisions cited by plaintiffs do
• Barron v. Pub. Health Tr. of Dade Cnty.
  22 F. Supp. 2d 1368· S.D. Fla.· 1998-08-21
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to demonstrate that the alleged retaliatory actions constituted clearly established adverse employment actions under the First Amendment.
• Camco Cable Servs., Inc. v. City of Lauderhill
  13 F. Supp. 2d 1329· S.D. Fla.· 1998-07-23
  The court held that the plaintiff, a corporation, lacked standing under 42 U.S.C. § 1983 because the regulation it relied upon, 47 C.F.R. § 25.104, was intended to protect individual users, not commercial entities.
• Norman v. Wilks
  154 F.R.D. 117· M.D. Fla.· 1998-07-02
  The court granted the motions to transfer the case to the Middle District of Tennessee, deferring ruling on the motions to dismiss.
• Blanco v. City of Clearwater
  9 F. Supp. 2d 1316· M.D. Fla.· 1998-06-17
  The court granted the motion to dismiss, finding that the individual defendants were entitled to qualified immunity on claims alleging violations of constitutional rights, and that a state constitutional privacy claim did not apply to private persons.
• Parham v. Lámar
  1 F. Supp. 2d 1457· M.D. Fla.· 1998-04-16
  The court held that the plaintiff's claims were properly dismissed because of lack of personal jurisdiction, insufficient service of process, failure to state a constitutional tort, and lack of subject matter jurisdiction.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1481· M.D. Fla.· 1998-04-15
  Pinellas County is not entitled to Eleventh Amendment immunity because it is not acting as an arm of the state when enacting its own charitable solicitation ordinance.
• Singer v. AT & T Corp.
  959 F. Supp. 2d 427· S.D. Fla.· 1998-03-04
  The court held that the plaintiff's motion for class certification should be granted because the class was adequately defined, numerous, common questions of law and fact predominated, the named plaintiff's claims were typical, and the representation was adequate.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1476· M.D. Fla.· 1998-03-04
  The court denied the motion to dismiss as to defendants Walsh and Lord, finding the Eleventh Amendment did not bar the suit, and ordered further briefing on the Eleventh Amendment immunity for Pinellas County.
• Cox v. McCraley
  993 F. Supp. 1452· M.D. Fla.· 1998-02-10
  The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.
• Robinson v. Brown
  987 F. Supp. 1470· S.D. Fla.· 1997-11-13
  The court held that Deputy Brown is entitled to qualified immunity because his use of force was objectively reasonable and did not violate clearly established law, and the plaintiff failed to prove excessive force.
• Shell v. Strachan
  700 So. 2d 175· Fla. 4th DCA· 1997-10-15
• Garcia v. Cristobal Reyes
  698 So. 2d 257· Fla.· 1997-08-21
  The Florida Supreme Court held that children do not have a constitutionally protected liberty interest in family companionship under the Fourteenth Amendment's Due Process Clause that would support a Section 1983 cause of action when their parent is wrongfully imprisoned. The Cou
• Brown v. City of Pompano Beach
  969 F. Supp. 1317· S.D. Fla.· 1997-06-23
  The court held that the plaintiff's claims regarding termination based on drug test results were time-barred by the statute of limitations, but claims regarding the refusal to submit to arbitration were not.
• Citizens Concerned About Our Child. v. Sch. Bd. of Broward Cnty.
  966 F. Supp. 1166· S.D. Fla.· 1997-05-13
  The court held that Citizens Concerned About Our Children lacks standing to sue because its members have not demonstrated individual injury, and the individual plaintiffs' claims for injunctive relief are moot. The court also found that the individual plaintiffs lack standing for
• Baggs v. City of S. Pasadena
  877 F. Supp. 546· M.D. Fla.· 1997-04-09
  The court held that the defendant was not entitled to attorneys' fees and costs because the plaintiffs' litigation was not frivolous, unreasonable, or without foundation.
• Sutor v. Cochran
  687 So. 2d 897· Fla. 4th DCA· 1997-01-29
  Scott Sutor challenged Sheriff Ron Cochran's Special Process Server Agreement, which required special process servers to use sheriff-provided affidavits, charge fixed fees, and accept at-will termination without cause. The appellate court reversed in part, finding the sheriff exc
• Garrison v. City of Lakeland
  954 F. Supp. 246· M.D. Fla.· 1997-01-13
  The court denied the motion for a temporary restraining order, finding that the NLRB has primary jurisdiction and the plaintiffs are unlikely to succeed on the merits.
• Hartman v. Corr. Med. Servs., Inc.
  960 F. Supp. 1577· M.D. Fla.· 1996-12-30
  The court held that genuine issues of material fact exist regarding whether the defendants acted with deliberate indifference to the serious medical needs of the inmate, thus denying their motions for summary judgment.
• Smith v. Vaughn
  860 F. Supp. 728· M.D. Fla.· 1996-11-20
  The court held that probable cause existed for the arrest, barring the civil rights and malicious prosecution claims, and denied injunctive relief.
• Rod and Carol Mandelstam v. City OF S. Miami
  685 So. 2d 868· Fla. 3d DCA· 1996-10-23
  The court held that delays in obtaining a permit, even if successful in litigation, do not constitute a temporary taking or a violation of due process rights, and that a vice-mayor was entitled to qualified immunity.
• Slusser v. Orange Cnty. Pub. Schs.
  936 F. Supp. 895· M.D. Fla.· 1996-07-15
  The court held that there is no protected federal right to bodily integrity under § 1983 and that the plaintiff's claims regarding discriminatory promotion and pay were timely filed under the continuing violation doctrine, while other claims were barred by the statute of limitati
• Denmark v. Lee Cnty.
  931 F. Supp. 831· M.D. Fla.· 1996-07-01
  Summary judgment is denied for Defendant Schramm on the § 1983 claims and the state law battery claim due to genuine issues of material fact regarding excessive force. Summary judgment is granted for Defendant Schramm on the state law false arrest and false imprisonment claims be