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

• Crenshaw v. Lister
  566 F. Supp. 2d 1334· M.D. Fla.· 2008-07-15 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
• Williams v. Sirmons
  563 F. Supp. 2d 1315· M.D. Fla.· 2008-05-27 ·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
• Smith v. Campbell
  545 F. Supp. 2d 1218· N.D. Fla.· 2008-02-13 ·via Section 1983
  The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
• Harrell v. Campbell
  482 F. Supp. 2d 1368· N.D. Fla.· 2007-03-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
• Thampi v. Collier Cnty. Bd. of Comm'rs
  510 F. Supp. 2d 838· M.D. Fla.· 2007-03-05
  The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
• Abad v. City of Marathon
  472 F. Supp. 2d 1374· S.D. Fla.· 2007-02-08
  The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25 ·via § 1983
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• Frazier Ex Rel. Frazier v. Alexandre
  2006 U.S. Dist. LEXIS 38561· S.D. Fla.· 2006-05-31 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
• Woods v. Paradis
  380 F. Supp. 2d 1316· S.D. Fla.· 2005-02-22
  The court granted summary judgment for the defendants, finding the officer had arguable probable cause for the arrest, thus entitling him to qualified immunity.
• Dominguez v. Metro. Miami-Dade Cnty.
  359 F. Supp. 2d 1323· S.D. Fla.· 2004-11-23 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
• Thompson v. Spears
  336 F. Supp. 2d 1224· S.D. Fla.· 2004-07-19 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
• Aisenberg v. Hillsborough Cnty. Sheriff's Off.
  2004 U.S. Dist. LEXIS 13498· M.D. Fla.· 2004-07-16 ·via Section 1983
  Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
• Pino v. City of Miami
  315 F. Supp. 2d 1230· S.D. Fla.· 2004-02-18
  The court granted summary judgment for the City, finding no evidence of a policy or custom supporting the § 1983 claim and that the plaintiff failed to exhaust administrative remedies for the Whistleblower Act claim.
• Hernandez v. City of Miami
  302 F. Supp. 2d 1373· S.D. Fla.· 2004-02-13 ·via 42 U.S.C. § 1983 (Excessive Force)
  A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
• Afkhami v. Carnival Corp.
  305 F. Supp. 2d 1308· S.D. Fla.· 2004-01-28
  The court granted Carnival's motion for summary judgment on some claims, finding no genuine issue of material fact regarding discrimination, but allowed other claims to proceed.
• Byford v. Stephens
  299 F. Supp. 2d 1253· S.D. Fla.· 2003-11-07 ·via Section 1983
  The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23 ·via Section 1983
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• Beeline Ent. P'rs, Ltd. v. Cnty. of Orange
  243 F. Supp. 2d 1333· M.D. Fla.· 2003-01-13 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's claims were not ripe for adjudication because they involved as-applied challenges to an ordinance and the plaintiff had not exhausted administrative remedies.
• Miami-Dade Cnty. v. Walker
  837 So. 2d 1049· Fla. 3d DCA· 2002-12-26
  Miami-Dade County appeals a judgment for Arthur Walker in a civil rights action under 42 U.S.C. § 1983 based on alleged failure to train police officers in dealing with the mentally ill. The court reverses, holding that Walker failed to establish both deliberate indifference and
• Grix v. The Fla. Fish & Wildlife Conservation Comm'n
  821 So. 2d 315· Fla. 4th DCA· 2002-05-22 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Appellant Grix challenged summary judgment against him in his suit for damages and declaratory relief against the Florida Fish and Wildlife Conservation Commission. The court affirmed, holding that a marine patrol officer had probable cause to detain Grix and measure his cast net
• 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.
• 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.
• 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.
• Anthony v. Burkhart
  28 F. Supp. 2d 1239· M.D. Fla.· 1998-09-30 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.
• Garcia v. Cristobal Reyes
  698 So. 2d 257· Fla.· 1997-08-21 ·via 42 U.S.C. § 1983 Cause Of Action
  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
• Underwood v. City of Fort Myers
  890 F. Supp. 1018· M.D. Fla.· 1995-06-16 ·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  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.
• Wyke v. Polk Cnty. Sch. Bd.
  898 F. Supp. 852· M.D. Fla.· 1995-05-15 ·via Section 1983
  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.
• 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
• Bain v. The City OF Hialeah
  646 So. 2d 771· Fla. 3d DCA· 1994-11-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  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
• Johnson v. Ft. Pierce Police Dep't
  745 F. Supp. 1290· S.D. Fla.· 1994-02-25 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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
• Henderson v. Wilkinson
  627 So. 2d 579· Fla. 2d DCA· 1993-12-01 ·via 42 U.S.C. § 1983 Action
  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.
• Peden v. Suwannee Cnty. Sch. Bd.
  837 F. Supp. 1188· M.D. Fla.· 1993-11-18 ·via Discrimination Under 42 U.S.C. § 1983
  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.
• Drewitt v. Pratt
  999 F.2d 774· 4th Cir.· 1993-07-22 ·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Gonzalez v. Ysleta Indep. Sch. Dist.
  996 F.2d 745· 5th Cir.· 1993-07-20 ·via 42 U.S.C. § 1983 Action
  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
• Johnson v. Atkins
  999 F.2d 99· 5th Cir.· 1993-07-14 ·via 42 U.S.C. § 1983 Action
  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.
• Gilbert v. Sears
  1993 U.S. Dist. LEXIS 10023· M.D. Fla.· 1993-07-14 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.
• Bender v. Brumley
  994 F.2d 1151· 5th Cir.· 1993-07-12 ·via 42 U.S.C. § 1983 (Excessive Force)
  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
• 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.
• 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.
• Akers v. Gaston Caperton
  998 F.2d 220· 4th Cir.· 1993-06-29 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that while the politically motivated transfers violated plaintiffs' First Amendment rights, the defendants were entitled to qualified immunity because the law regarding such transfers was not clearly established at the time of the actions.
• Handy v. Price
  996 F.2d 1064· 10th Cir.· 1993-06-25 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, and thus summary judgment for the defendants was appropriate.
• Leo and Arlene Zuchel v. The City & Cnty. OF Denver
  997 F.2d 730· 10th Cir.· 1993-06-23 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
• Cooper v. Delo
  997 F.2d 376· 8th Cir.· 1993-06-21 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing the retaliation and mail claims as frivolous, nor did it err in granting summary judgment for the defendant on the access to courts claim.
• Medvick v. City OF Univ. City
  995 F.2d 857· 8th Cir.· 1993-06-15 ·via 42 U.S.C. § 1983 Action
  The court held that a prior state court judgment on constitutional claims bars a subsequent federal § 1983 action based on the same claims due to res judicata.
• Woods v. Ind. University-Purdue Univ. AT Indianapolis
  996 F.2d 880· 7th Cir.· 1993-06-14 ·via 42 U.S.C. § 1983 Action
  The court remanded the case for further consideration of Fed.R.Civ.P. 15(c) regarding the relation back of an amended complaint to add new defendants.
• Gilbertson v. Tex. Bd. OF Pardons & Paroles
  993 F.2d 74· 5th Cir.· 1993-06-11 ·via 42 U.S.C. § 1983 Action
  A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
• Davis v. Ross
  995 F.2d 137· 8th Cir.· 1993-06-10 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Iowa's two-year statute of limitations.
• LOS Angeles Police Protective League v. Gates
  995 F.2d 1469· 9th Cir.· 1993-06-08
  The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
• Millard L. Swenson v. Trickey
  995 F.2d 132· 8th Cir.· 1993-06-07 ·via 42 U.S.C. § 1983 Action
  The court held that prison officials are entitled to qualified immunity because it was not clearly established in 1986 that an inmate had a liberty interest in avoiding initial administrative segregation or that a fifteen-day delay without a hearing was constitutionally unreasona