Violation Of Civil Rights Under 42 U.S.C. § 1983

501 Florida cases classified under this topic · sorted by citation count · browse and sort

• Paull v. Fla. Dep't of Corr.
  S.D. Fla.· 2020-03-16
  The court held that the plaintiff's complaint must be dismissed without prejudice for failure to pay the filing fee or file a proper motion to proceed in forma pauperis.
• Flournoy v. Fla. Dep't of Corr.
  S.D. Fla.· 2019-12-30
  The court held that the plaintiff's claims of wrongful incarceration failed because the sentencing documents clearly established a 91.8-month sentence, not the 60-month sentence alleged.
• Bramlett v. Masters
  M.D. Fla.· 2019-10-03
  A prisoner does not have a constitutionally protected liberty interest in an inmate grievance procedure, and therefore, a claim under 42 U.S.C. § 1983 based on the denial or handling of such a grievance fails to state a claim upon which relief can be granted.
• Est. of Jackson ex rel. Jackson-Platts v. Sandnes
  854 F. Supp. 2d 478· M.D. Fla.· 2014-02-03
  The court granted the motion to dismiss because the complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983, as the alleged conduct by private defendants did not constitute state action and much of the conduct was protected by litigation privilege.
• Crenshaw v. Lister
  566 F. Supp. 2d 1334· M.D. Fla.· 2008-07-15
  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.
• Beeline Ent. P'rs, Ltd. v. Cnty. of Orange
  243 F. Supp. 2d 1333· M.D. Fla.· 2003-01-13
  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.
• Grix v. The Fla. Fish & Wildlife Conservation Comm'n
  821 So. 2d 315· Fla. 4th DCA· 2002-05-22
  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
• Anthony v. Burkhart
  28 F. Supp. 2d 1239· M.D. Fla.· 1998-09-30
  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.
• 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.
• 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.
• 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.
• Akers v. Gaston Caperton
  998 F.2d 220· 4th Cir.· 1993-06-29
  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.
• Topp v. Wolkowski
  994 F.2d 45· 1st Cir.· 1993-06-03
  The court held that state troopers are entitled to qualified immunity when arresting a driver based on another officer's observation of a traffic violation, even if the arresting officers did not personally witness the violation, provided state law and practice permit such team a
• Rickke L. Green v. Dorrell
  969 F.2d 915· 10th Cir.· 1992-07-09
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to comply with local rules and that the recusal motion was properly not addressed.
• Bowser v. Vose
  968 F.2d 105· 1st Cir.· 1992-06-30
  A prison inmate's participation in a furlough program does not rise to the level of a Fourteenth Amendment liberty interest, and therefore, its suspension does not require due process protections.
• Stewart v. Parish OF Jefferson
  951 F.2d 681· 5th Cir.· 1992-01-28
  The court held that the employee's speech was not a matter of public concern, thus not protected by the First Amendment, and that his claims against one defendant were barred by the statute of limitations.
• Charbonnet v. Sheriff Harry LEE & Lt. Edwin McClendon
  951 F.2d 638· 5th Cir.· 1992-01-28
  A state actor is not liable under § 1983 for a deprivation of property without due process if the deprivation was random and unauthorized, and an adequate post-deprivation remedy is available under state law.
• Reese Gwillim v. City OF SAN Jose
  929 F.2d 465· 9th Cir.· 1991-03-25
  The transmission of immunized testimony to a prosecutor by administrators who obtained it, in accordance with state law, does not in itself violate the privilege against self-incrimination, absent a showing that the administrators knew or should have anticipated the prosecutor's
• Renbarger v. Lockhart
  921 F.2d 1032· 10th Cir.· 1990-12-11
  The court held that the exclusion of testimony regarding county custom was not error because the appellant lacked a protected property interest, and directed verdicts for the assistant district attorney and neighbor were proper as no constitutional rights were violated.
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03
  The court denied the City of Miami's motion to dismiss the amended complaint.
• Dickens v. The State OF Mo.
  887 F.2d 895· 8th Cir.· 1989-10-17
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not allege purposeful discrimination, an essential element of an equal protection claim.
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20
  The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• Haskell Levi Chapoose Ad Litem v. Hodel
  831 F.2d 931· 10th Cir.· 1987-10-22
  The court held that the children's civil rights claims were properly dismissed, but remanded the case for a factual inquiry into their entitlement to attorney fees under the Equal Access to Justice Act.
• The Fed. Land Bank OF Omaha v. Gibbs
  809 F.2d 493· 8th Cir.· 1987-01-14
  The court held that the district court correctly dismissed the RICO, section 1983, and antitrust claims as vague and conclusory, and properly remanded the remaining claims to state court.
• Levan v. Benny Fullington
  612 F.2d 386· 8th Cir.· 1980-01-08
  The court held that the district court properly declined to withdraw the issue of the police chief's liability from the jury, as the jury could have found the arresting officer acted on his own initiative.
• Rodriguez v. Conagra, Inc.
  527 F.2d 540· 1st Cir.· 1976-01-08
  The court held that the former employees' claims under 42 U.S.C. § 1983 failed because the employers' actions did not constitute state action, a prerequisite for such claims.
• Gipe v. Dempsey
  451 F.2d 1309· 9th Cir.· 1971-11-05
  The court held that the officers' entry into the residence was lawful and the jury's findings of breach of peace and no excessive force were supported by evidence.