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

• Huber v. Union Planters Nat'l Bank OF Memphis
  491 F.2d 846· 6th Cir.· 1974-02-07 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.
• Johnson v. Netterville
  488 F.2d 394· 5th Cir.· 1974-01-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a federal district court judge lacks jurisdiction to grant an injunction restraining the enforcement of a state statute when the claim involves the statute's constitutionality, requiring a three-judge court.
• People CAB Co. v. Bloom
  472 F.2d 163· 3d Cir.· 1972-10-20 ·cited 2×
  The court held that a slander claim does not violate the Civil Rights Act and that other allegations lacked the required factual specificity.
• Leonard v. Jule Sugarman
  466 F.2d 1366· 2d Cir.· 1972-09-15 ·cited 2×
  The court held that the plaintiff's appeal failed to present a substantial federal question, thus affirming the dismissal of his complaint.
• Brennan v. Haines
  455 F.2d 943· 3d Cir.· 1972-02-11 ·cited 2×
  The court held that statutory procedures for filling interim vacancies on a township board of commissioners by appointment by remaining board members do not violate the Fourteenth Amendment's Equal Protection Clause.
• Cornist v. Richland Parish Sch. Bd.
  448 F.2d 594· 5th Cir.· 1971-09-17 ·cited 2×
  A plaintiff alleging a violation of civil rights under 42 U.S.C. § 1983 does not need to exhaust state court remedies before prosecuting an action in federal court.
• Miller v. Kusper
  445 F.2d 1059· 7th Cir.· 1971-07-15 ·cited 2×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
• Latham v. Tynan
  435 F.2d 1248· 2d Cir.· 1970-12-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the claim of unconstitutionality of Connecticut's Motor Vehicle Financial Responsibility Act was not so unsubstantial as to avoid the requirement of a three-judge district court.
• Spears v. Robinson
  431 F.2d 1089· 8th Cir.· 1970-09-22 ·cited 2×
  The court held that the plaintiffs' claims could not be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction under 42 U.S.C. § 1983, as the claim involved property rights rather than personal liberties.
• Padilla v. Lynch
  398 F.2d 481· 9th Cir.· 1968-07-22 ·cited 2×
  The court held that while dismissal of the complaint for lack of factual specificity was justified, dismissal of the entire action without an opportunity to amend was improper.
• Smith v. Bd. OF Comm'rs OF the Dist. OF Columbia
  380 F.2d 632· D.C. Cir.· 1967-06-23 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the appellants failed to exhaust their administrative remedies before seeking judicial relief, as a sufficient administrative process was available to address their claims.
• Gioia v. Bradshaw
  2019 WL 13215373· S.D. Fla.· 2025-07-15 ·cited 1×
  Pro se plaintiff Michael Gioia filed a civil rights complaint under 42 U.S.C. § 1983 but failed to pay the required filing fee or file a motion to proceed in forma pauperis despite court order. A magistrate judge recommends dismissal of the complaint without prejudice for non-com
• Mosqueda v. Walgreens Pharmacy
  2024 WL 4056446· M.D. Fla.· 2025-02-11 ·cited 1×
  The court recommended dismissal of the case without prejudice due to the plaintiff's failure to serve the defendant.
• Webster v. Fla. Supreme Court
  2024 WL 3963742· N.D. Fla.· 2025-02-11 ·cited 1×·via 42 U.S.C. § 1983 Action
  A federal district court lacks jurisdiction to review final state court decisions, even when framed as a section 1983 action.
• Balbin v. Williams
  2023 WL 3970949· S.D. Fla.· 2024-03-22 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's current complaint is barred by the doctrine of collateral estoppel because it seeks to relitigate issues already decided in a prior lawsuit.
• Cook v. Dunn
  2017 WL 1730971· M.D. Fla.· 2022-10-24 ·cited 1×
  The court held that genuine issues of material fact preclude summary judgment on claims of unlawful seizure and excessive force against Officer Dunn, and failure to intervene against Officer Bell, but granted summary judgment for supervisory and municipal liability claims.
• Sharron Tasha Ford v. City of Boynton Beach
  323 So. 3d 215· Fla. 4th DCA· 2021-08-04 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Law enforcement lacked probable cause to arrest Ford for intercepting oral communications because officers performing public duties in a public place have no reasonable subjective expectation of privacy in their communications, particularly when the recording device was visible a
• Certain Underwriters AT Lloyd's London Subscribing TO Policy NO. J046137 v. Pierson
  322 So. 3d 106· Fla. 4th DCA· 2021-06-02 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Violations
  An occurrence-based insurance policy covering liability arising out of law enforcement activities requires that the misconduct occur during the policy period; therefore, the insurer had no duty to indemnify where the officers' civil rights violations occurred twenty years before
• Harmon v. Stegemann
  2020 WL 3038282· M.D. Fla.· 2020-06-10 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff is barred from proceeding in forma pauperis under the PLRA's three-strikes rule and dismissed the action without prejudice.
• Torres v. Honorable Lawrence Lefler
  257 So. 3d 1095· Fla. 2d DCA· 2018-07-13 ·cited 1×·via 42 U.S.C. § 1983 Action
  A show cause order imposing conditions on future filings is not final and appealable until sanctions are actually imposed after the opportunity to be heard.
• Dandar v. Church of Scientology Flag Serv. Org., Inc.
  732 F. Supp. 2d 310· M.D. Fla.· 2013-02-15 ·cited 1×·via Section 1983
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• Smith Ex Rel. Smith v. Benson
  703 F. Supp. 2d 1262· S.D. Fla.· 2010-01-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
• Anderson v. City of Tampa
  555 F. Supp. 2d 1268· M.D. Fla.· 2008-05-01 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because his use of force during the arrest was reasonable and did not violate the plaintiff's Fourth Amendment rights.
• Lyons v. Trinity Servs. Grp., Inc.
  401 F. Supp. 2d 1290· S.D. Fla.· 2005-08-16 ·cited 1×·via Section 1983
  The court held that the plaintiff failed to exhaust administrative remedies as required by the Prison Litigation Reform Act before filing his lawsuit.
• Davidson v. City of Jacksonville
  359 F. Supp. 2d 1291· M.D. Fla.· 2005-02-16 ·cited 1×·via Section 1983
  The court held that the plaintiffs failed to establish a constitutional violation under Section 1983, and therefore, qualified immunity applied to the individual defendants, and the City was not liable for municipal claims. The court also declined to exercise supplemental jurisdi
• Nat'l Ass'n for Advancement of Colored People, Inc. v. Lowe
  M.D. Fla.· 2004-10-19 ·cited 1×
  The court held that the case was moot because Volusia County agreed to open additional early voting sites, and there was no reasonable expectation that the county would revert to its previous conduct.
• J.D. v. Manatee Cnty. Sch. Bd.
  340 F. Supp. 2d 1316· M.D. Fla.· 2004-10-08 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
• Pub. Citizen, Inc. v. Pinellas Cnty.
  321 F. Supp. 2d 1275· M.D. Fla.· 2004-05-19 ·cited 1×·via Section 1983
  The court held that the prior litigation did not preclude the current claims and that the charities' allegations regarding the ordinance's prior restraint on speech were sufficient to proceed.
• Palisano v. City of Clearwater
  219 F. Supp. 2d 1249· M.D. Fla.· 2002-08-14 ·cited 1×·via Section 1983
  The court held that an EEOC "unable to conclude" determination does not bar a claim under the Florida Civil Rights Act, and that a supervisor can be liable under § 1983 for failing to act on sexual harassment complaints, but not for retaliation under the Equal Protection Clause i
• Lofton v. Kearney
  157 F. Supp. 2d 1372· S.D. Fla.· 2001-08-30 ·cited 1×
  Florida's statute prohibiting homosexual adoption does not violate federal constitutional rights to privacy, intimate association, family integrity, due process, or equal protection, as homosexual adoption is not a fundamental right and the statute is rationally related to the st
• BellSouth Mobility v. Miami-Dade Cnty.
  153 F. Supp. 2d 1345· S.D. Fla.· 2001-03-30 ·cited 1×
  The court held that the County's denial of BellSouth's application was supported by substantial competent evidence, particularly regarding necessity and compatibility, and thus affirmed the denial.
• Mallo v. Pub. Health Tr. of Dade Cnty.
  88 F. Supp. 2d 1376· S.D. Fla.· 2000-03-31 ·cited 1×
  The court held that the defendant had not met its burden under the first prong of the § 1983 test, as there was no express indication that Congress intended to foreclose private enforcement of the Medicaid balance billing provision.
• Carestio v. Sch. Bd. of Broward Cnty.
  79 F. Supp. 2d 1347· S.D. Fla.· 1999-11-24 ·cited 1×·via 42 U.S.C. § 1983 Violations
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, federal courts should not address claims of excessive force under 42 U.S.C. § 1983, and should remand pendent state law claims.
• Hornfeld v. City of N. Miami Beach
  29 F. Supp. 2d 1357· S.D. Fla.· 1998-11-09 ·cited 1×
  The court held that the Age Discrimination in Employment Act (ADEA) does not preclude a plaintiff from bringing a concurrent claim under 42 U.S.C. § 1983 for violations of the Equal Protection Clause of the Fourteenth Amendment.
• Chavez v. City of Key W.
  15 F. Supp. 2d 1301· S.D. Fla.· 1998-04-30 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that Key West is not entitled to Eleventh Amendment immunity and that the plaintiff lacks standing for claims seeking declaratory and injunctive relief.
• Bernard v. Calejo
  17 F. Supp. 2d 1311· S.D. Fla.· 1998-04-17 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that federal civil rights claims (Counts I-III) are dismissed due to sovereign immunity and lack of personal involvement, but tort claims under the FTCA (Count IV) are not barred for failure to state a 'sum certain' because the government was adequately notified.
• Wright v. City of Tampa
  998 F. Supp. 1398· M.D. Fla.· 1998-03-26 ·cited 1×·via Section 1983
  The court held that genuine issues of material fact exist regarding the plaintiff's ADA, Title VII, and § 1983 claims, precluding summary judgment.
• Hunter v. Chiles
  944 F. Supp. 914· S.D. Fla.· 1996-10-24 ·cited 1×
  The court held that Florida Medicaid must cover Augmentative Communication Devices and Services (ACDS) for both adult and child recipients as medically necessary durable medical equipment under the home health care provision or the EPSDT program, and cannot deny coverage based on
• Battista v. Cannon
  934 F. Supp. 400· M.D. Fla.· 1996-07-24 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A sheriff can be held liable for a deputy's misconduct if the sheriff's own policies or customs, or failure to investigate or supervise, were the moving force behind the constitutional violation, and sovereign immunity does not bar claims based on operational negligence.
• Hammer v. Hillsborough Cnty.
  927 F. Supp. 1540· M.D. Fla.· 1996-06-13 ·cited 1×
  The court held that the County had sufficient identity of interest with the Commission to satisfy Title VII's notice requirements for subject matter jurisdiction, and that the Commission could be considered an agent of the County for purposes of liability. However, the court foun
• Susanno v. Lee Cnty. Bd. of Cnty. Comm'rs
  852 F. Supp. 980· M.D. Fla.· 1994-03-01 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence to create a jury question regarding her constitutional claims for freedom of speech, association, substantive due process, and procedural due process, as she was an at-will employee with no protected property
• Belair v. Lombardi
  828 F. Supp. 50· M.D. Fla.· 1993-08-03 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that while federal question jurisdiction was not established because state law claims were also available, abstention under Younger v. Harris was appropriate, leading to dismissal.
• Colvin v. Curtis
  860 F. Supp. 1503· M.D. Fla.· 1993-07-30 ·cited 1×
  The court denied defendants' motion for judgment as a matter of law regarding the 42 U.S.C. § 1983 claim and punitive damages against the Sheriff, but granted the motion in part regarding the battery claim's jury instructions. The court also referred attorney's fees to a magistra
• Lobester James Loggins v. Delo
  999 F.2d 364· 8th Cir.· 1993-07-21 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that disciplinary action for an inmate's letter containing derogatory remarks about a mail clerk violated the inmate's First Amendment rights because the remarks did not implicate prison security, and the district court did not abuse its discretion in awarding atto
• Jensen v. Redev. Agency OF Sandy City
  998 F.2d 1550· 10th Cir.· 1993-07-15 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' Rule 56(f) affidavit for additional discovery, and that summary judgment was appropriate as the plaintiffs failed to establish a constitutionally protected property or liberty interest.
• Hinton v. City OF Elwood
  997 F.2d 774· 10th Cir.· 1993-06-29 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the arresting officers' use of force did not rise to the level of a constitutional violation, and therefore affirmed the district court's dismissal of the appellant's claims against the officers and the city.
• Pride v. Various John Does
  997 F.2d 712· 10th Cir.· 1993-06-15 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the officer's conduct was objectively reasonable under the circumstances, and therefore, summary judgment based on qualified immunity was appropriate.
• GAN v. The City OF NEW York
  996 F.2d 522· 2d Cir.· 1993-06-01 ·cited 1×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  The court held that Assistant District Attorney Rettler was entitled to absolute immunity for decisions regarding prosecution and qualified immunity for investigative actions, and that claims against District Attorney Morgenthau were properly dismissed.
• Curtis v. City OF DES Moines
  995 F.2d 125· 8th Cir.· 1993-05-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not subject to a prior judgment creditor's lien, but the judgment creditor has a superior claim to the underlying judgment proceeds if proper notice was given.