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

• Foshee v. Health Mgmt. Assocs.
  675 So. 2d 957· Fla. 5th DCA· 1996-05-10
  A Florida appellate court reviewed the dismissal of a complaint alleging false imprisonment and intentional infliction of emotional distress against healthcare providers who allegedly detained a patient under the Baker Act without proper procedures. The court held that false impr
• Kemp v. Monge
  919 F. Supp. 404· M.D. Fla.· 1996-02-09
  The court held that the plaintiff's salary upon reinstatement was implicitly determined by the jury's back pay award, and thus the plaintiff should be reinstated at that salary. The court also held that reinstatement to the rank of Corporal was too speculative and denied that req
• Abrams v. Hunter
  910 F. Supp. 620· M.D. Fla.· 1995-12-28
  The court granted summary judgment for the defendants, finding the plaintiff failed to establish a constitutional violation by Officer Gray or Sheriff Hunter.
• Amos v. State
  666 So. 2d 933· Fla. 2d DCA· 1995-12-20
  Attorneys performing prosecutorial functions are absolutely immune from liability for claims under federal and state law, but attorneys not performing such functions are not entitled to this immunity.
• Underwood v. City of Fort Myers
  890 F. Supp. 1018· M.D. Fla.· 1995-06-16
  The court held that the plaintiff's Title VII and retaliation claims could proceed, but the Section 1983 claim was dismissed due to failure to allege a policy or custom.
• Zeller v. the Florida Bar
  909 F. Supp. 1518· N.D. Fla.· 1995-06-16
  The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
• Barker v. Jackson Nat'l Life Ins.
  141 F.R.D. 11· N.D. Fla.· 1995-06-15
  The court denied the plaintiff's motion to substitute the Estate of Stacey Lynn Barker as the real party in interest.
• Gangloff v. Poccia
  888 F. Supp. 1549· M.D. Fla.· 1995-06-13
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations amounted to negligence, not deliberate indifference to his constitutional rights.
• Wyke v. Polk Cnty. Sch. Bd.
  898 F. Supp. 852· M.D. Fla.· 1995-05-15
  The court held that the school board had no constitutional duty to protect the student from suicide and that the failure to train staff did not rise to the level of deliberate indifference required for municipal liability under Section 1983.
• Canon v. Clark
  883 F. Supp. 718· S.D. Fla.· 1995-04-25
  The court held that the plaintiff stated claims under the ADA and for a § 1983 liberty interest violation, but failed to state a § 1983 property interest claim and a claim against the individual defendant.
• Harris v. McDonald's Corp.
  901 F. Supp. 1552· M.D. Fla.· 1995-04-03
  The court held that while claims based on the FDCA, FDA Rules, Fourteenth Amendment, and 42 U.S.C. § 1983 were properly dismissed for lack of federal jurisdiction, a claim under 42 U.S.C. § 1981 for racial discrimination in handling the insurance claim was sufficiently pleaded to
• Washington v. Vogel
  880 F. Supp. 1545· M.D. Fla.· 1995-02-22
  The court held that statistical evidence offered by the plaintiff's expert was inadmissible because it was not based on a reliable foundation and was not relevant to the issues presented.
• Washington v. Vogel
  880 F. Supp. 1542· M.D. Fla.· 1995-01-25
  The court held that plaintiffs failed to present sufficient evidence from which a reasonable jury could find that the traffic stops were pretextual and motivated by race or national origin, or that a municipal policy of targeting minorities existed without an underlying constitut
• Bailey v. Bd. OF Cnty. Comm'rs
  659 So. 2d 295· Fla. 1st DCA· 1994-12-20
  Bailey sued multiple defendants for false arrest, malicious prosecution, and civil rights violations following his wrongful arrest during an undercover sting operation. The Florida appellate court affirmed dismissal of all claims except a potential negligence claim against Alachu
• Bain v. The City OF Hialeah
  646 So. 2d 771· Fla. 3d DCA· 1994-11-09
  The court reversed a trial court's dismissal of an amended complaint alleging excessive force by Hialeah police officers and their chief in apprehending a minor through a police dog. The decision clarifies that claims for excessive force in arrest, including state tort and federa
• Matthews v. Wells
  641 So. 2d 478· Fla. 2d DCA· 1994-08-19
  Service of process on the Department of Insurance is not required for federal civil rights claims against individual state actors, even if state law purports to require it.
• Smith v. United States
  850 F. Supp. 984· M.D. Fla.· 1994-04-28
  A private corporation contracting with the government to perform a public service is entitled to raise qualified immunity as a defense, distinguishing it from private defendants acting for personal interests or municipal corporations.
• Bensch v. Metro. Dade Cnty.
  855 F. Supp. 351· S.D. Fla.· 1994-04-11
  The court held that the plaintiffs failed to adequately allege an affirmative causal connection between SFWMD's actions and the alleged constitutional deprivation, warranting dismissal of the Section 1983 claim.
• O'Donnell v. Singletary
  634 So. 2d 223· Fla. 2d DCA· 1994-03-23
  The court held that the prisoner's allegations were sufficient to state a cause of action under 42 U.S.C. § 1983, and the trial court erred in dismissing the complaint.
• Johnson v. Ft. Pierce Police Dep't
  745 F. Supp. 1290· S.D. Fla.· 1994-02-25
  The court held that the officers were entitled to qualified immunity as their actions during the search warrant execution were objectively reasonable and did not violate clearly established law.
• Martinson v. Shalala
  733 F. Supp. 85· M.D. Fla.· 1994-02-15 ·via Section 1983
• McClain v. Crowder
  840 F. Supp. 897· S.D. Fla.· 1994-01-10
  Florida Statute Section 901.19(1) is unconstitutional as applied because it permits law enforcement to enter a third-party's residence based solely on an arrest warrant, without a search warrant or exigent circumstances, which violates the Fourth Amendment.
• Abbott v. City of Cape Canaveral
  840 F. Supp. 880· M.D. Fla.· 1994-01-05
  The court held that the local zoning ordinance regulating satellite dish antennas was not preempted by federal FCC regulations and did not violate the plaintiff's constitutional rights.
• Henderson v. Wilkinson
  627 So. 2d 579· Fla. 2d DCA· 1993-12-01
  A property owner's section 1983 claim against a state employee for failing to provide statutorily required tax information was properly dismissed because the alleged deprivation could be remedied through a de novo circuit court trial on the tax assessment.
• Borges v. City of W. Palm Beach
  858 F. Supp. 174· S.D. Fla.· 1993-11-19
  The court granted in part and denied in part the motions, remanding some state law claims, dismissing others, and retaining jurisdiction over federal claims.
• Peden v. Suwannee Cnty. Sch. Bd.
  837 F. Supp. 1188· M.D. Fla.· 1993-11-18
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination for the Vocational Director position and that her contract non-renewal was not retaliatory, affirming the jury's findings and denying a new trial.
• Corp. of the President of the Church of Jesus Christ of Latter Day Saints v. Env't Prot. Comm'n
  837 F. Supp. 413· M.D. Fla.· 1993-11-15
  A plaintiff acting as an agent has standing to sue on behalf of the principal, and a local government agency is not immune from suit under the Eleventh Amendment for § 1983 claims.
• Wilford Allen Knight v. Gill
  999 F.2d 1020· 6th Cir.· 1993-07-29
  The court held that the plaintiff failed to demonstrate that prison officials acted with deliberate indifference to a substantial risk of serious harm, thus entitling the officials to qualified immunity.
• Rowland W. Dory v. Burton T. Ryan, Jr.
  999 F.2d 679· 2d Cir.· 1993-07-28
  A pro se prisoner's civil rights complaint is deemed filed when delivered to prison officials, and prosecutorial/witness immunity does not shield defendants from liability for an extra-judicial conspiracy to present perjured testimony.
• Bieluch v. Sullivan
  999 F.2d 666· 2d Cir.· 1993-07-27
  The dissenting judge believes the majority erred by not focusing on what a reasonable person in Sullivan's position would have known at the time of the transfer decision.
• Rice v. Burks
  999 F.2d 1172· 7th Cir.· 1993-07-26
  The court held that the police officers are entitled to qualified immunity because the plaintiff failed to establish a clearly established constitutional right to be free from the specific type of force used during his escape attempt.
• Bockes v. Bettye Lou Fields
  999 F.2d 788· 4th Cir.· 1993-07-26
  Governmental social service boards and departments are state entities immune from federal suit under the Eleventh Amendment if their liability would be paid from state funds, and a county is not liable under § 1983 for personnel decisions of such a board if the board lacks indepe
• Bennie F. Calhoun v. NEW York State Div. OF Parole Officers: J. McQuire
  999 F.2d 647· 2d Cir.· 1993-07-23
  The court held that while the plaintiff's due process rights were violated by extending his sentence without a final revocation hearing, the defendant parole officers were entitled to qualified immunity because the specific constitutional right was not clearly established at the
• Patterson v. von Riesen
  999 F.2d 1235· 8th Cir.· 1993-07-23
  Prosecutors, parole board members, and prison wardens are absolutely immune from damages for actions taken within the scope of their official duties, including prosecutorial decisions, parole determinations, and incarceration pursuant to valid court orders.
• Drewitt v. Pratt
  999 F.2d 774· 4th Cir.· 1993-07-22
  The court held that a police officer is entitled to qualified immunity when, in the course of an arrest attempt, the suspect's actions created a severe threat of physical harm, making the officer's use of deadly force reasonable under the Fourth Amendment.
• Knox v. McGINNIS
  998 F.2d 1405· 7th Cir.· 1993-07-20
  The prisoner's claim for injunctive relief is not moot because the challenged action is capable of repetition yet evading review. However, the claim fails on the merits because the prisoner did not challenge the asserted legitimate penological purpose of the action.
• Gonzalez v. Ysleta Indep. Sch. Dist.
  996 F.2d 745· 5th Cir.· 1993-07-20
  The court held that the school district's transfer of a teacher accused of sexual abuse, despite prior allegations and a formal policy, did not demonstrate deliberate indifference to students' constitutional rights, and thus reversed the jury's verdict. The court also found that
• King v. Captain Patterson
  999 F.2d 351· 8th Cir.· 1993-07-19
  The court affirmed the dismissal of the inmate's complaint, finding no clear error in the factual findings, no abuse of discretion in denying counsel, and that the jury trial demand was untimely.
• Gilbert v. Sears
  1993 U.S. Dist. LEXIS 10023· M.D. Fla.· 1993-07-14
  The court held that the plaintiff sufficiently pleaded claims for violations of constitutional rights under 42 U.S.C. § 1983, but granted a motion for more definite statement regarding potential conspiracy claims.
• Johnson v. Atkins
  999 F.2d 99· 5th Cir.· 1993-07-14
  The court held that the plaintiff failed to state a claim upon which relief could be granted regarding the court's fee schedule and its impact on access to courts.
• Tri-State Rubbish, Inc. v. Waste Mgmt., Inc.
  998 F.2d 1073· 1st Cir.· 1993-07-13
  The court held that while state action immunity protected most antitrust claims related to municipal waste control, predation claims against private defendants regarding their customer-specific conduct were not sufficiently shielded and were remanded. The court also affirmed dism
• Angela R. and Carrie G. v. Clinton
  999 F.2d 320· 8th Cir.· 1993-07-13
  The court held that the consent decree's enforcement provisions were too ambiguous to be approved, vacating the decree and remanding for further proceedings.
• Bender v. Brumley
  994 F.2d 1151· 5th Cir.· 1993-07-12
  The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
• Cannon v. The City & Cnty. OF Denver
  998 F.2d 867· 10th Cir.· 1993-07-12
  The court held that summary judgment was appropriate because the plaintiffs' evidence of a municipal custom or policy was insufficient to create a genuine issue of material fact.
• Penn v. Iowa State Bd. OF Regents
  999 F.2d 305· 8th Cir.· 1993-07-09
  The court reversed a trial court's dismissal of an application to confirm an arbitration award, finding that the Federal Arbitration Act's venue provision did not preclude confirmation in the specified county.
• Chrissy F. v. MS Dept. OF Public Welfare
  995 F.2d 595· 5th Cir.· 1993-07-07
  The district court lacked jurisdiction to grant injunctive relief against state court judicial officers for actions taken in their judicial capacity, as this constituted a prohibited collateral attack on state court judgments.
• Williams v. The Sch. Dist. OF Bethlehem, PA
  998 F.2d 168· 3d Cir.· 1993-07-06
  The appellate court reversed the district court's grant of summary judgment, finding that material issues of fact exist regarding whether field hockey is a "contact sport" under Title IX and whether athletic opportunities for boys were "previously limited." The court also vacated
• Cole v. Neb. State Bd. OF Parole
  997 F.2d 442· 8th Cir.· 1993-07-06
• Wheat v. Joseph L. Mass, M.D.
  994 F.2d 273· 5th Cir.· 1993-07-06
  The court held that the dismissal of the complaint and the refusal to allow amendment were proper because the claims were meritless and unsupported by factual allegations.
• Romano v. Howarth
  998 F.2d 101· 2d Cir.· 1993-07-02
  The court held that the special interrogatories submitted to the jury inaccurately framed the issues and that the admission of the progress notes was improper hearsay.