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

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

• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Houston v. Reich
  932 F.2d 883· 10th Cir.· 1991-05-07 ·cited 4×
  The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
• Brown v. Hartshorne Pub. Sch. Dist. # 1
  926 F.2d 959· 10th Cir.· 1991-02-20 ·cited 4×
  The court held that the Title VII claim was time-barred, but the section 1983 claim against the school district was saved by Oklahoma's statute of limitations. The section 1983 claim against the board members was time-barred.
• Breazeale v. Larkin Smith
  857 F.2d 258· 5th Cir.· 1988-10-11 ·cited 4×
  A district court lacks the statutory or inherent authority to tax expenses not permitted by 28 U.S.C. § 1920 and § 1821 against a plaintiff or their attorney when the delay was not caused by their bad faith or willful abuse of process.
• Gutierrez v. Coughlin
  841 F.2d 484· 2d Cir.· 1988-03-10 ·cited 4×
  The court held that a state Article 78 proceeding order does not have preclusive effect in a federal § 1983 action for due process violations because damages for civil rights violations cannot be recovered in Article 78 proceedings.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• City OF Lake Worth v. Walton
  462 So. 2d 1137· Fla. 4th DCA· 1984-09-19 ·cited 4×
  A police officer sued his employer, the City of Lake Worth, for wrongfully denying him a promotion to sergeant despite his entitlement under civil service rules and veterans' preference statutes. The trial court awarded $75,000 in compensatory damages and $30,000 in attorney's fe
• Gary v. Spires
  634 F.2d 772· 4th Cir.· 1980-12-09 ·cited 4×
  The court held that the defendants' delay in seeking attorney's fees under 42 U.S.C. § 1988, until after the appeal period expired, was inequitable and prejudiced the plaintiffs, thus the award was an error.
• Ross v. Burns
  612 F.2d 271· 6th Cir.· 1980-01-03 ·cited 4×
  The court held that photographing an undercover officer and publishing his identity, even with critical commentary, does not constitute "extreme and outrageous conduct" required for intentional infliction of emotional distress under Michigan law. The court also found no reversibl
• Myer Phillips v. Cheltenham Twp. & John Ward. Appeal of John Ward
  575 F.2d 72· 3d Cir.· 1978-04-24 ·cited 4×
  The court held that an unconditionally paid judgment renders an appeal moot, depriving the court of the power to grant relief.
• Earnest Pickings v. Imon E. Bruce
  430 F.2d 595· 8th Cir.· 1970-08-06 ·cited 4×
  College administrators violated students' First Amendment rights by sanctioning them for writing a letter to an off-campus church and by attempting to cancel a speaker invitation based on unsubstantiated fears of disruption.
• Berry v. Allen
  411 F.2d 1142· 6th Cir.· 1969-06-20 ·cited 4×
  A federal court lacks jurisdiction to order a state to grant a liquor license, even if state officials are alleged to have acted arbitrarily, as this would usurp the state's sovereign power to regulate liquor traffic.
• Osterback v. Kemp
  300 F. Supp. 2d 1238· N.D. Fla.· 2003-10-15 ·cited 3×
  The court held that the first transfer was reasonably related to legitimate penological interests and thus not unconstitutional, while the second transfer presented a triable issue of fact. Qualified immunity applied to the damages claim for the second transfer.
• Tindall v. Gibbons
  156 F. Supp. 2d 1292· M.D. Fla.· 2001-08-14 ·cited 3×
  The court held that Count I would be stayed, Counts II and III were dismissed for failure to state a claim, and Count IV was dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.
• Becker v. Clark
  722 So. 2d 232· Fla. 2d DCA· 1998-11-25 ·cited 3×
  Michael Becker, a district administrator for the Department of Health and Rehabilitative Services (HRS), challenged the trial court's denial of his qualified immunity defense in a civil rights action brought by Lisa Clark. The appellate court reversed, holding that Becker was ent
• Burnette v. Ciolino
  750 F. Supp. 1562· M.D. Fla.· 1990-11-19 ·cited 3×
  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.
• Alverna Brown v. Jenne
  122 So. 3d 881· Fla. 4th DCA· 2012-08-01 ·cited 2×
  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
• Fils v. City of Aventura
  768 F. Supp. 2d 1188· S.D. Fla.· 2010-08-23 ·cited 2×
  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×
  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.
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×
  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.
• Bochese v. Town of Ponce Inlet
  267 F. Supp. 2d 1240· M.D. Fla.· 2003-05-27 ·cited 2×
  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
• O'Neill v. Town OF Babylon
  986 F.2d 646· 2d Cir.· 1993-02-16 ·cited 2×
  The court held that the arresting officer was entitled to qualified immunity as a matter of law because it was objectively reasonable for him to believe that probable cause existed for the arrest.
• Hirschfeld v. The Bd. OF Elections IN the City OF NEW York & Kathleen M. Wagner
  984 F.2d 35· 2d Cir.· 1992-10-30 ·cited 2×
  The court held that the Board of Elections' eleventh-hour motions for a stay and expedited appeal, filed in disregard of procedural rules and after significant delay, constituted a misuse of the judicial process, warranting sanctions.
• Malone v. Cnty. OF Suffolk
  968 F.2d 1480· 2d Cir.· 1992-06-15 ·cited 2×
  The court held that an arrest by de facto officers, appointed under color of authority despite procedural defects, does not violate the Fourth Amendment, and the failure to disclose these defects prior to trial does not violate the Sixth Amendment.
• Grace v. Wainwright
  761 F. Supp. 1520· M.D. Fla.· 1991-03-28 ·cited 2×
  Summary judgment for defendants is granted because the plaintiff failed to demonstrate genuine issues of material fact regarding his claims of cruel and unusual punishment and deliberate indifference to medical needs.
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×
• Gutierrez v. City of Hialeah
  723 F. Supp. 1494· S.D. Fla.· 1989-10-31 ·cited 2×
  The court held that plaintiffs' counsel failed to conduct a reasonable prefiling inquiry for Section 1983 and negligence claims against the City, Say, and Martinez, warranting Rule 11 sanctions.
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  849 F.2d 262· 6th Cir.· 1988-06-22 ·cited 2×
  The court held that summary judgment was properly granted for all defendants regarding the antitrust conspiracy claims.
• Am. Re-Insurance Co. v. Janklow
  676 F.2d 1177· 8th Cir.· 1982-04-23 ·cited 2×
  The Eleventh Amendment does not bar injunctive and declaratory relief against state officials for future conduct, even if it has an ancillary effect on the state treasury, and the CDP Fund's status requires further consideration.
• Haber v. The Cnty. OF Nassau & Robert Sehlmeyer
  557 F.2d 322· 2d Cir.· 1977-06-01 ·cited 2×
  The court held that a jury's finding of no contributory negligence should not be overturned by judgment notwithstanding the verdict, but affirmed a new trial order due to jurisdictional issues and excessive damages.
• Mrs. Minnie L. Evans v. Elbert Page, Jr.
  516 F.2d 18· 8th Cir.· 1975-05-15 ·cited 2×
  The court held that serving as an election official is not a federal constitutional or statutory right, and a school board's decision not to rehire an untenured teacher for such service does not violate civil rights or substantive due process.
• Helmuth Scherer v. Cosgrove
  511 F.2d 707· 4th Cir.· 1975-02-19 ·cited 2×
  The court held that the district court erred in finding that Cosgrove violated Scherer's civil rights, as Cosgrove acted with probable cause in prosecuting wage payment violations.
• Kurlan v. Callaway
  510 F.2d 274· 2d Cir.· 1974-12-27 ·cited 2×
  National Guard members who qualified for transfer to the Standby Reserve before July 10, 1974, and applied before that date, are entitled to transfer, even if the Governor later modified consent.
• Balbin v. Williams
  2023 WL 3970949· S.D. Fla.· 2024-03-22 ·cited 1×
  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.
• Sharron Tasha Ford v. City of Boynton Beach
  323 So. 3d 215· Fla. 4th DCA· 2021-08-04 ·cited 1×
  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
• Harmon v. Stegemann
  2020 WL 3038282· M.D. Fla.· 2020-06-10 ·cited 1×
  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.
• Pride v. Various John Does
  997 F.2d 712· 10th Cir.· 1993-06-15 ·cited 1×
  The court held that the officer's conduct was objectively reasonable under the circumstances, and therefore, summary judgment based on qualified immunity was appropriate.
• King v. Myers
  973 F.2d 354· 4th Cir.· 1992-08-21 ·cited 1×
  A magistrate is entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions exceed their jurisdiction, as long as they are not taken in the clear absence of all jurisdiction.
• Miller v. City OF Fort Lauderdale
  569 So. 2d 1386· Fla. 4th DCA· 1990-11-28 ·cited 1×
  The court affirmed dismissal of a § 1983 civil rights claim for failing to allege knowing and intentional unconstitutional seizure rather than mere negligence, but reversed the dismissal with prejudice to allow amendment and held that excessive force questions are fact issues for
• Mueller v. Walmart Corp.
  11th Cir.· 2026-09-16
  A district court does not abuse its discretion by exercising supplemental jurisdiction over some state-law claims while declining jurisdiction over others after dismissing all federal claims; such claim-by-claim assessment is permitted by 28 U.S.C. § 1367(c) and is not a per se a
• Waller v. Bd. of Regents of the Univ. Sys. of Ga.
  11th Cir.· 2026-08-10
  A student's admission letter and student handbook do not constitute a written contract waiving a state university's sovereign immunity under Georgia law when the documents fail to specify in writing the consideration moving from the student to the university, which is an essentia
• Johnson v. Mayor, City of Jacksonville
  11th Cir.· 2026-06-10
  A plaintiff lacks Article III standing to challenge the government's maintenance of Confederate memorials and street names based on psychological injury from viewing them, as such injury is neither concrete nor particularized but rather a generalized grievance shared by all who o
• Marbut v. Phillips
  11th Cir.· 2026-05-22
  The officers are entitled to qualified immunity from Marbut's unlawful-seizure claim because they had an arguable basis to seize her under the emergency-aid doctrine, which requires only an objectively reasonable basis for believing intervention is needed to prevent serious harm,
• Clarissa Gilmore v. Ga. Dep't of Corr.
  11th Cir.· 2026-04-20
  On remand following en banc reversal, the case is remanded to the district court for further proceedings consistent with the en banc opinion that reversed summary judgment on qualified immunity grounds.
• Jordan v. Sheriff Richard Del Toro
  S.D. Fla.· 2026-01-26
  Summary judgment is granted for defendants because plaintiff was not denied outdoor exercise and his legal mail was handled appropriately according to jail policy.
• Rohlsen v. Fla. Dep't of Child. & Families
  M.D. Fla.· 2026-01-15
  The court held that claims seeking review of state court custody decisions are barred by the Rooker-Feldman doctrine, and the complaint is dismissed as a shotgun pleading, but with leave to amend.
• Reggie Griffin v. L.T. J. Minshew
  M.D. Fla.· 2026-01-12
  A pro se plaintiff's failure to comply with court orders regarding filing fees, applications to proceed in forma pauperis, and address updates can result in dismissal of the action.
• Carter v. Sgt. McKenzie
  N.D. Fla.· 2026-01-05
  The court held that the plaintiff should be allowed to amend his complaint to add claims under the ADA and Rehabilitation Act against the Department of Corrections, as these claims were not futile when construed liberally.