Violation Of 42 U.S.C. § 1983

1,055 Florida cases classified under this topic, plus 2,310 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• McDonough v. Fernandez-Rundle
  862 F.3d 1314· 11th Cir.· 2017-07-12 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  James McDonough recorded a meeting with the Homestead Police Chief without consent and posted portions online. The State Attorney threatened prosecution under Florida's wiretapping statute, claiming the recording violated Fla. Stat. § 934.03. The Eleventh Circuit reversed the dis
• MS Ex Rel. Soltys v. Seminole Cnty. Sch. BD.
  636 F. Supp. 2d 1317· M.D. Fla.· 2009-07-10 ·cited 5×
  The court held that the defendant teacher's motion for summary judgment should be denied because the plaintiff presented sufficient evidence to support claims of constitutional deprivation under § 1983 and state law torts, and the defendant was not entitled to qualified immunity
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Samarco v. Neumann
  44 F. Supp. 2d 1276· S.D. Fla.· 1999-03-04 ·cited 5×
  Summary judgment is granted for the defendants because the plaintiff failed to establish an unconstitutional policy or that the force used was excessive under the Fourth Amendment.
• Martinez v. S. Fla. Water Mgmt. Dist.
  705 So. 2d 611· Fla. 4th DCA· 1997-12-24 ·cited 5×
  Martinez, a former employee of the South Florida Water Management District, challenged his termination for a positive drug test, claiming violations of the Drug-Free Workplace Act and the Rehabilitation Act. The court held that the District is not a state "agency" under the Drug-
• Versarge v. The Twp. OF Clinton NEW Jersey
  984 F.2d 1359· 3d Cir.· 1993-02-02 ·cited 5×
  The court held that the plaintiff's speech, motivated by personal animosity and causing significant disruption within the volunteer fire company, was not protected by the First Amendment, and thus his expulsion was permissible.
• Mouille v. The City OF Live OAK
  977 F.2d 924· 5th Cir.· 1992-11-20 ·cited 5×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Officer Britt is entitled to qualified immunity because his actions were objectively reasonable and not grossly disproportionate to the need for action under the circumstances. Claims against supervisory officials and the municipality lack sufficient evidence.
• Nipper v. Chiles
  795 F. Supp. 1525· M.D. Fla.· 1992-06-02 ·cited 5×
  The court found that the plaintiffs failed to establish a Section 2 Voting Rights Act violation because the evidence did not demonstrate that the at-large election system for judges in the Fourth Judicial Circuit and Duval County diluted the voting strength of black citizens.
• Neal v. Kelly
  963 F.2d 453· D.C. Cir.· 1992-05-19 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that a pro se prisoner must receive adequate notice before a court can treat a motion to dismiss as a motion for summary judgment, and that a verified complaint can serve as an affidavit in opposition to summary judgment.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.
• Downtown Auto Parks, Inc. v. City OF Milwaukee & William R. Drew
  938 F.2d 705· 7th Cir.· 1991-07-23 ·cited 5×
  The court held that independent contractors do not have a First Amendment right to be free from political considerations in the awarding of public contracts, and that the plaintiff did not possess a protected property interest in the renewal of its parking lot leases under the Fo
• Archer v. Sanchez
  933 F.2d 1526· 10th Cir.· 1991-06-03 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Qualified immunity should be granted because the contours of the plaintiff's right were unclear under New Mexico law, making the unlawfulness of the defendant's actions not apparent.
• Terry v. Young
  932 F.2d 1273· 8th Cir.· 1991-05-17 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that the defendants were entitled to judgment as a matter of law based on unrefuted facts presented in an affidavit.
• SAN Jacinto Sav. & Loan v. Kacal
  928 F.2d 697· 5th Cir.· 1991-04-15 ·cited 5×
  The court held that the district court erred in dismissing the section 1983 claim because Kacal presented sufficient evidence of police harassment that significantly altered her liberty and property interests in operating her business. The court affirmed the dismissal of the Four
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• Blackwell v. City OF ST. Charles
  917 F.2d 1150· 8th Cir.· 1990-11-07 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's grant of summary judgment, finding no constitutional violation.
• Juster Assocs. & Juster Dev. Co. v. City OF Rutland
  901 F.2d 266· 2d Cir.· 1990-04-12 ·cited 5×
  The court held that the plaintiff failed to allege an antitrust injury and that the defendants were immune from antitrust liability under the Noerr-Pennington doctrine.
• Brisk v. City of Miami Beach
  726 F. Supp. 1305· S.D. Fla.· 1989-12-15 ·cited 5×·via § 1983
  When material factual issues are disputed at trial regarding a qualified immunity defense, the jury should resolve the factual disputes and determine whether a reasonable officer could have believed the conduct to be lawful.
• Bergen v. Spaulding
  881 F.2d 719· 9th Cir.· 1989-08-03 ·cited 5×·via 42 U.S.C. § 1983 Action
  A prisoner has a liberty interest in good behavior time credits that cannot be denied without due process, including a hearing if the recommendation for credits is not automatically adopted.
• Arkamel Ray Sales v. R.C. Marshall
  873 F.2d 115· 6th Cir.· 1989-04-21 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that expenses for transporting state prisoners to federal court in response to a writ of habeas corpus ad testificandum are not taxable costs under 28 U.S.C. § 1920, and that a state entity's motion to intervene to recover such costs was untimely.
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×·via Section 1983
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• de Luna v. Farris
  841 F.2d 312· 9th Cir.· 1988-03-09 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that the amended Arizona statute governing tolling of the statute of limitations for imprisonment applied, and the plaintiff's claim was time-barred.
• Digre v. Roseville Schs. Indep. Dist. NO. 623
  841 F.2d 245· 8th Cir.· 1988-03-09 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that the school district did not violate the stay-put provision by placing Sean in special education, and the plaintiff failed to establish grounds for preliminary injunctive relief.
• Smith v. Meese
  821 F.2d 1484· 11th Cir.· 1987-06-30 ·cited 5×
  The plaintiffs have not sufficiently alleged concrete injury to themselves to satisfy the constitutional requirement of standing, thus the district court lacks jurisdiction.
• Brown v. Officer L. Patterson
  823 F.2d 167· 7th Cir.· 1987-06-12 ·cited 5×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  An officer executing a facially valid arrest warrant does not violate the Fourth Amendment by arresting the wrong person if the officer acts reasonably under the circumstances, even if the warrant contains inaccurate information.
• Blackwell v. Dep't OF Offender Rehab.
  807 F.2d 914· 11th Cir.· 1987-01-13 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that an attorney's failure to disclose settlement terms foreclosing attorney's fees constituted a lack of candor warranting Rule 11 sanctions, even if subsequent legal arguments had arguable merit.
• Smiddy v. Dudley D. Varney
  803 F.2d 1469· 9th Cir.· 1986-11-06 ·cited 5×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in granting summary judgment for the plaintiff because the plaintiff failed to present evidence rebutting the presumption that the prosecutor exercised independent judgment in filing the criminal complaint, which insulates the arrestin
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  792 F.2d 1261· 4th Cir.· 1986-06-12 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and a violation of the First Amendment, and that plaintiffs were entitled to attorneys' fees.
• In re Tiana Queen Motel, Inc. v. Tiana Queen Motel, Inc.
  749 F.2d 146· 2d Cir.· 1984-11-29 ·cited 5×·via 42 U.S.C. § 1983 Action
  The court held that the bankruptcy court's conversion orders were proper and that the district court did not err in affirming them. The court also held that the mandamus petition should be remanded for further proceedings.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Davenport v. Randolph Cnty. Bd. OF Educ.
  730 F.2d 1395· 11th Cir.· 1984-04-26 ·cited 5×
  High school grooming regulations are constitutionally valid unless there is evidence of discriminatory enforcement or arbitrary effect. A student's interest in participating in athletics is not a protected property interest.
• Nemmers v. City OF Dubuque
  716 F.2d 1194· 7th Cir.· 1983-09-02 ·cited 5×
  The court held that the plaintiff acquired a vested right to continued light industrial zoning under Iowa law based on substantial expenditures made in reliance on prior zoning and city encouragement, and that the city's subsequent rezoning violated this right.
• Bentley v. Beck
  625 F.2d 70· 5th Cir.· 1980-08-28 ·cited 5×·via 42 U.S.C. § 1983 Action
  Prison officials cannot deny job assignments solely based on race, even within a prison setting.
• Lorna Williams v. Town OF Okoboji
  606 F.2d 812· 8th Cir.· 1979-10-04 ·cited 5×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff should be allowed to amend her complaint because the additional facts provided, if properly pleaded, could state a claim for relief.
• Laquarius Gray v. Bostic
  625 F.3d 692· 11th Cir.· 2010-10-26 ·cited 4×
  The district court did not abuse its discretion in awarding attorney's fees to the plaintiff who prevailed on a significant legal issue of first impression, even though only nominal damages were awarded. The plaintiff's success served an important public purpose by deterring futu
• Penelope Lankheim v. Fla. Atl. Univ.
  992 So. 2d 828· Fla. 4th DCA· 2008-09-24 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Penelope Lankheim, a registered student at Palm Beach Community College (PBCC) attending classes on FAU's campus, appealed summary judgment dismissing her claim for injunctive relief challenging trespass warnings issued against her by Florida Atlantic University. The court held t
• Owaki v. City of Miami
  491 F. Supp. 2d 1140· S.D. Fla.· 2007-06-21 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the police officers had arguable probable cause and probable cause to arrest the plaintiff, entitling them to qualified immunity and granting summary judgment.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Mark v. Clemons
  870 So. 2d 881· Fla. 1st DCA· 2004-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  Appellant obtained a judgment against two Game and Fresh Water Fish Commission officers for federal civil rights violations under 42 U.S.C. § 1983 and sought payment from Florida's State Risk Management Trust Fund. The trial court dismissed the claim based on an exclusion for int
• Chapman v. Morton Laitner
  809 So. 2d 51· Fla. 3d DCA· 2002-02-06 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Linda Rice Chapman appealed from a summary judgment dismissing her federal civil rights claim under 42 U.S.C. § 1983 against Morton Laitner and from an award of attorney's fees to Laitner. The court affirmed the summary judgment but reversed the attorney's fees award under state
• Card v. Miami-Dade Cnty. Fla.
  147 F. Supp. 2d 1334· S.D. Fla.· 2001-05-29 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Forest Card sued Miami-Dade County for false imprisonment and civil rights violations under 42 U.S.C. § 1983 after being detained for 27 days pending a court-ordered psychiatric evaluation that was never performed. The district court granted summary judgment for the County on bot
• Cramer v. Chiles
  33 F. Supp. 2d 1342· S.D. Fla.· 1999-01-08 ·cited 4×
  The court held that state officials are not immune from suit under the Eleventh Amendment for prospective injunctive relief to enforce Medicaid law, and that certain Medicaid provisions create an enforceable private right of action under 42 U.S.C. § 1983.
• Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty.
  959 F. Supp. 1481· M.D. Fla.· 1997-02-03 ·cited 4×
  The court held that while a heightened pleading standard does not apply to § 1983 claims against local governments, it does apply to claims against individual officials in their individual capacities, and that the plaintiff failed to allege a clearly established constitutional ri
• Johnson v. City of Fort Lauderdale
  903 F. Supp. 1520· S.D. Fla.· 1995-09-20 ·cited 4×
  The 1991 amendments to the Civil Rights Act did not preclude an aggrieved party from concurrently bringing an action under 42 U.S.C. § 1983 for a violation of their rights under 42 U.S.C. § 1981, and the Sea Clammers doctrine does not bar § 1983 claims for independent constitutio
• Fletcher v. State
  858 F. Supp. 169· M.D. Fla.· 1994-07-01 ·cited 4×
  The court granted defendants' motions to dismiss, finding that most claims failed to state a claim upon which relief could be granted or were barred by statute of limitations or immunity, while allowing leave to amend for some claims.
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Morris v. Crow
  825 F. Supp. 295· M.D. Fla.· 1993-06-23 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court denied motions to dismiss civil rights claims and individual punitive damages claims, but granted dismissal of official capacity punitive damages claims, deferring the ruling on injunctive relief.