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

• Hohe v. Casey
  956 F.2d 399· 3d Cir.· 1992-02-10 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court held that the last sentence of § 575(d) is not facially unconstitutional because it can be applied constitutionally, and that the requirement for arbitration of fair share fee propriety challenges under § 575(g) is constitutionally unenforceable as it mandates exhaustio
• White v. Hezikiah Walker
  950 F.2d 972· 5th Cir.· 1991-12-30 ·cited 3×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a jury must decide whether the officer is entitled to qualified immunity, reversing the directed verdict on that issue, but affirmed the dismissal of other claims.
• Rosann C. Scheetz v. THE Morning Call, Inc.
  946 F.2d 202· 3d Cir.· 1991-10-03 ·cited 3×
  The First Amendment does not shield the press from civil liability when confidential information is unlawfully acquired, even if the information is of public significance.
• Ada Sandra Kopf v. Wing
  942 F.2d 265· 4th Cir.· 1991-08-09 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
• Theodore and Janice Frutiger v. Hamilton Cent. Sch. Dist. & Thomas E. Sobel
  928 F.2d 68· 2d Cir.· 1991-03-20 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's order denying an evidentiary hearing was procedural and not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) because plaintiffs had failed to exhaust administrative remedies.
• Burnette v. Ciolino
  750 F. Supp. 1562· M.D. Fla.· 1990-11-19 ·cited 3×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the prior shooting incidents cited by the plaintiff were isolated events and did not establish a de facto policy or custom of tolerating excessive force, thus granting summary judgment for the defendants.
• Gutierrez v. City of Hialeah
  729 F. Supp. 1329· S.D. Fla.· 1990-01-25 ·cited 3×
  The court held that plaintiffs' counsel failed to conduct a reasonable pre-filing inquiry into the law and facts, thus violating Rule 11, and denied the motion for reconsideration of sanctions.
• Carrero v. NEW York City Hous. Auth.
  890 F.2d 569· 2d Cir.· 1989-11-14 ·cited 3×
  The court held that a plaintiff can bring both Title VII and § 1983 claims when the § 1983 claim is based on distinct constitutional rights, and that the supervisor's conduct constituted quid pro quo sexual harassment for which the employer is strictly liable.
• Mitson v. Coler
  670 F. Supp. 1568· S.D. Fla.· 1987-10-05 ·cited 3×
  The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
• Carver v. Casey
  669 F. Supp. 412· S.D. Fla.· 1987-08-21 ·cited 3×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
• Owens v. Herb Maschner
  811 F.2d 1365· 10th Cir.· 1987-02-17 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's allegations may be sufficient to state a claim for relief under 42 U.S.C. § 1983, and the district court erred in dismissing the action.
• Hynes v. Pasco Cnty.
  801 F.2d 1269· 11th Cir.· 1986-10-14 ·cited 3×
  The court held that the revocation of a building permit following a zoning appeal does not violate due process, as federal courts will not act as zoning review boards.
• Shuttleworth v. Broward Cnty.
  639 F. Supp. 654· S.D. Fla.· 1986-07-08 ·cited 3×
  The court held that exhaustion of administrative remedies is not required for claims under Section 504 of the Rehabilitation Act, and that claims under Section 1983 are not precluded by the Rehabilitation Act. The court also found that the plaintiff met Florida's statutory notice
• Goss v. Mem'l Hosp. Sys.
  789 F.2d 353· 5th Cir.· 1986-05-14 ·cited 3×
  The court held that the hospitals' suspension of a physician's staff privileges, based on competency concerns and lacking market power, did not violate the Sherman Act, and the physician's due process claim failed due to lack of state action.
• Omasta v. Louie L. Wainwright
  696 F.2d 1304· 11th Cir.· 1983-01-31 ·cited 3×·via 42 U.S.C. § 1983 Action
  Incarceration pursuant to a presumptively valid judgment and commitment order does not implicate the Thirteenth Amendment's prohibition against involuntary servitude, even if the conviction is later reversed.
• Quarles v. Lenwood Sager
  687 F.2d 344· 11th Cir.· 1982-09-27 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
• Brown v. Miller
  631 F.2d 413· 5th Cir.· 1980-11-26 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court vacated the district court's order regarding attorney's fees and remanded for a new determination.
• Carr v. Bell
  492 F. Supp. 832· N.D. Fla.· 1980-06-18 ·cited 3×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that Deputy Bell and Johnny Huckaby are liable under § 1983 for violating Mr. Carr's constitutional rights, but Sheriff Cook is not.
• Beecher v. Baxley
  549 F.2d 974· 5th Cir.· 1977-03-30 ·cited 3×·via 42 U.S.C. § 1983 Action
  A state criminal defendant is not entitled to federal injunctive or declaratory relief from a fourth prosecution after three prior convictions were reversed due to constitutional infirmities, absent a showing of bad faith or harassment.
• Kent v. J.B. Thornhill
  2021 WL 877698· M.D. Fla.· 2025-11-05 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint because it is frivolous and fails to state a claim upon which relief can be granted.
• Smitherman v. Quaintance
  2019 WL 13175091· M.D. Fla.· 2024-12-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that defendants failed to demonstrate clear error or manifest injustice to warrant reconsideration of the prior order denying dismissal based on the statute of limitations, as the claims for unlawful search and seizure were subject to the deferred accrual rule of H
• Dorey v. Hartmann
  2012 WL 4049438· M.D. Fla.· 2022-06-21 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff's complaint, alleging excessive force and constitutional violations, was dismissed without prejudice because it failed to state a claim with sufficient factual allegations and improperly invoked the Eighth and Fourteenth Amendments instead of the
• Oniasse v. Hernandez
  112 La. 628· M.D. Fla.· 2018-12-03 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted summary judgment for the defendant Deputy Sheriff on the federal claims, finding no genuine dispute of material fact regarding probable cause for arrest or excessive force, and declined to exercise supplemental jurisdiction over the state law claims.
• Alverna Brown v. Jenne
  122 So. 3d 881· Fla. 4th DCA· 2012-08-01 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The estate of Oral George Brown appealed summary judgments granted on qualified immunity to five BSO officers and four BCFR personnel involved in responding to and treating the deceased after a vehicle rollover crash. The court reversed as to BSO officers, finding that a jury que
• Robbins v. City of Miami Beach
  769 F. Supp. 2d 1372· S.D. Fla.· 2011-01-20 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted in part and denied in part the motions to dismiss, finding that while some assault and battery claims against an officer were dismissed for failure to state a claim, other claims, including excessive force and conspiracy, could proceed.
• Welch v. Theodorides-Bustle
  234 F. Supp. 171· N.D. Fla.· 2010-11-17 ·cited 2×
• Fils v. City of Aventura
  768 F. Supp. 2d 1188· S.D. Fla.· 2010-08-23 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the officers were entitled to qualified immunity because they had probable cause or arguable probable cause to arrest the plaintiffs, and any unlawfulness of the arrests was not apparent in light of pre-existing law.
• Rico v. Sch. Bd. of Miami-Dade Cnty. Pub. Schs.
  733 F. Supp. 2d 1319· S.D. Fla.· 2010-06-29 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff did not possess a constitutionally protected property interest in her employment because the contract rendered her employment terminable at will, and even if she did, the School Board provided constitutionally adequate process.
• COX v. State
  5 So. 3d 659· Fla.· 2009-03-12 ·cited 2×·via 42 U.S.C. § 1983 Action
  Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
• Drudge v. City of Kissimmee
  581 F. Supp. 2d 1176· M.D. Fla.· 2008-09-25 ·cited 2×·via § 1983
  The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
• LMP v. Sch. Bd. of Broward Cnty.
  516 F. Supp. 2d 1305· S.D. Fla.· 2007-09-27 ·cited 2×
  Individual school board employees cannot be held liable under 42 U.S.C. § 1983 for violations of the Individuals with Disabilities Education Act (IDEA), as the IDEA limits liability to funding recipients and does not provide for individual liability.
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed dismissal of moot claims for declaratory and injunctive relief but reversed dismissal of damages claims arising from alleged excessive force and medical indifference, remanding for trial court consideration of the merits.
• Sabeta v. Baptist Hosp. of Miami, Inc.
  410 F. Supp. 2d 1224· S.D. Fla.· 2005-02-23 ·cited 2×
  The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
• Purvis Ex Rel. Estate of Logan v. City of Orlando
  273 F. Supp. 2d 1321· M.D. Fla.· 2003-07-29 ·cited 2×
  The court held that the plaintiff failed to state a claim for constitutional violations under 42 U.S.C. § 1983, as the defendant officer's actions did not shock the conscience and no clearly established law was violated.
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×·via § 1983 Suit
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• Bochese v. Town of Ponce Inlet
  267 F. Supp. 2d 1240· M.D. Fla.· 2003-05-27 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Alfred Bóchese sought to disqualify attorneys Kohlmyer and Roper from representing the Town of Ponce Inlet in a § 1983 retaliation suit, alleging they were necessary witnesses to the town's custom of retaliating against whistleblowers and had conflicts of interest from prior repr
• Fla. Country Clubs, Inc. v. Carlton
  98 F. Supp. 2d 1356· M.D. Fla.· 2000-05-23 ·cited 2×
  The court found that the plaintiffs failed to allege sufficient facts to establish state action by Carlton Fields, a private entity, and therefore could not proceed with their Section 1983 claim against them. Motions related to Partyka were denied as moot due to a settlement.
• Otworth v. the Florida Bar
  71 F. Supp. 2d 1209· M.D. Fla.· 1999-09-29 ·cited 2×
  The court dismissed the breach of contract claim against Flynt for failure to allege a meeting of the minds and granted dismissal for the judges and prosecutor based on judicial and Eleventh Amendment immunity.
• McMahon v. City of Edgewater
  60 F. Supp. 2d 1281· M.D. Fla.· 1999-01-20 ·cited 2×·via Section 1983
  The court held that the City Manager's employment agreement, as amended, allowed termination without cause, thus precluding a procedural due process claim. The court also declined supplemental jurisdiction over state law contract claims.
• Borrero v. Metro-Dade Cnty.
  19 F. Supp. 2d 1310· S.D. Fla.· 1998-05-13 ·cited 2×
  The court held that the defendant officer is not entitled to qualified immunity at the summary judgment stage because the alleged use of force against a six-year-old child, if true, would violate clearly established Fourth Amendment rights.
• Nelson Ex Rel. the Estate of Nelson v. Prison Health Servs., Inc.
  991 F. Supp. 1452· M.D. Fla.· 1997-12-30 ·cited 2×·via Section 1983
  The Sheriff, not being personally involved in the decision to withhold medical treatment, is entitled to qualified immunity. Private prison guards are not entitled to qualified immunity under Richardson v. McKnight.
• Goodman v. Town of Golden Beach
  988 F. Supp. 1450· S.D. Fla.· 1997-10-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the individual defendants are entitled to qualified immunity because their conduct did not violate clearly established constitutional law.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• Mincieli v. Bruder
  914 F. Supp. 512· S.D. Fla.· 1994-03-07 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court granted the defendant police officer's motion for judgment as a matter of law, finding she was entitled to qualified immunity because she had arguable probable cause for the arrest, even if actual probable cause was lacking.
• Jasper v. Thalacker
  999 F.2d 353· 8th Cir.· 1993-07-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the use of a stun gun did not violate the Eighth Amendment because the force was applied in a good-faith effort to restore discipline, not sadistically to cause harm.
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• Hall v. Lombardi
  996 F.2d 954· 8th Cir.· 1993-06-29 ·cited 2×·via § 1983 Suit
  The court held that prison officials are not entitled to qualified immunity when they arbitrarily delay an inmate's release from administrative segregation after all criteria for release have been met and approved, as this violates clearly established law.
• Czajka v. Caspari
  995 F.2d 870· 8th Cir.· 1993-06-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish deliberate indifference to serious medical needs, thus affirming the grant of summary judgment.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×·via § 1983 Suit
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.