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

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

• White v. Hezikiah Walker
  950 F.2d 972· 5th Cir.· 1991-12-30 ·cited 3×
  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.
• 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.
• Carr v. Bell
  492 F. Supp. 832· N.D. Fla.· 1980-06-18 ·cited 3×
  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.
• Mincieli v. Bruder
  914 F. Supp. 512· S.D. Fla.· 1994-03-07 ·cited 2×
  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.
• McDowell v. Jones
  990 F.2d 433· 8th Cir.· 1993-04-07 ·cited 2×
  The court held that the plaintiff failed to state a claim for constitutional violations against prison officials under 42 U.S.C. §§ 1983 and 1985(3).
• Damaris Rivera-Ruiz v. Gonzalez-Rivera
  983 F.2d 332· 1st Cir.· 1993-01-05 ·cited 2×
  The court held that genuine issues of material fact exist regarding whether the plaintiff's demotion and transfer violated her constitutional rights, precluding summary judgment.
• Pacelli v. Robert deVITO
  972 F.2d 871· 7th Cir.· 1992-08-25 ·cited 2×
  The court held that the defendants did not violate the Constitution by continuing to detain the plaintiff because there was no evidence they knew of the writ of habeas corpus or intended to violate his rights, and state law violations are not actionable under § 1983.
• Watchorn Ex Rel. Christenson v. Town of Davie
  795 F. Supp. 1112· S.D. Fla.· 1992-08-07 ·cited 2×
  A plaintiff must obtain actual relief on the merits to be considered a prevailing party for attorney's fees under Section 1988, and a zero-dollar verdict does not constitute such relief.
• Price v. Rochford
  947 F.2d 829· 7th Cir.· 1991-11-08 ·cited 2×
  11 U.S.C. § 362(h) creates a cause of action that can be enforced after bankruptcy proceedings have terminated, but summary judgment was appropriate for most defendants due to lack of evidence of willful violation.
• Barlow v. Officer George Ground
  943 F.2d 1132· 9th Cir.· 1991-09-05 ·cited 2×
  The court held that disputed facts precluded summary judgment on claims of unlawful arrest, excessive force, and qualified immunity for the warrantless blood draw, but affirmed qualified immunity for the second blood draw conducted under a facially valid warrant.
• Purnell v. City OF Akron
  925 F.2d 941· 6th Cir.· 1991-02-13 ·cited 2×
  The court held that the denial of the Campbells' motion to intervene as a matter of right was appealable and that they met the requirements for intervention.
• Sorlucco v. NEW York City Police Dep't
  888 F.2d 4· 2d Cir.· 1989-10-16 ·cited 2×
  The court held that Sorlucco presented sufficient evidence of gender discrimination and disparate treatment to survive summary judgment on her Title VII and § 1983 claims, but affirmed dismissal of her § 1985 conspiracy claim.
• Clark Mershon v. Kyser
  852 F.2d 335· 8th Cir.· 1988-07-21 ·cited 2×
  The court held that the allegations of bad-faith prosecution were insufficient to overcome the Younger abstention doctrine.
• Penelope Hatteras v. Sw. Bell Tel. Co.
  774 F.2d 1341· 5th Cir.· 1985-10-30 ·cited 2×
  The court held that the termination of telephone service without a pretermination hearing did not violate due process rights when the disconnection was requested by law enforcement based on an indictment.
• COE v. Mich. Dep't OF Educ.
  693 F.2d 616· 6th Cir.· 1982-11-29 ·cited 2×
  The court held that plaintiffs could not litigate simultaneously in state and federal courts under the EHCA and that their claims were barred by res judicata.
• Funn v. Winston
  612 F.2d 880· 4th Cir.· 1980-01-08 ·cited 2×
  A deputy sheriff's refusal to dismiss a criminal warrant against a prisoner, contrary to departmental policy, justified his discharge.
• Smith v. Bd. OF Comm'rs OF the Dist. OF Columbia
  380 F.2d 632· D.C. Cir.· 1967-06-23 ·cited 2×
  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.
• Chavez v. City of Key W.
  15 F. Supp. 2d 1301· S.D. Fla.· 1998-04-30 ·cited 1×
  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×
  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.
• Battista v. Cannon
  934 F. Supp. 400· M.D. Fla.· 1996-07-24 ·cited 1×
  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.
• Coghlan v. Starkey
  852 F.2d 806· 5th Cir.· 1988-08-08 ·cited 1×
  The court held that an attorney must personally pay the appellee's appellate defense costs because the appeal was frivolous and lacked any reasonable legal basis.
• DeWeese v. Town of Palm Beach
  616 F. Supp. 971· S.D. Fla.· 1985-03-30 ·cited 1×
  The court held that the town ordinance prohibiting shirtless running in certain public areas is a reasonable exercise of the town's police power and does not violate the plaintiff's constitutional rights to free expression or equal protection.
• Fla. Women's Med. Clinic, Inc. v. Smith
  536 F. Supp. 1048· S.D. Fla.· 1982-03-12 ·cited 1×
  The court held that Florida's statutory and regulatory scheme, as applied to first trimester abortions, impermissibly infringes upon the constitutional right to privacy and is not justified by a compelling state interest.
• Hall v. Rhoden
  M.D. Fla.· 2025-05-27
  Summary judgment is granted for defendants on all claims because the plaintiff failed to demonstrate genuine disputes of material fact or violations of clearly established law, and defendants are entitled to qualified immunity and sovereign immunity.
• Anaya v. City Hall Miami Beach
  S.D. Fla.· 2024-10-18
  The court held that the plaintiff's complaint was deficient for failing to state a claim and for being a shotgun pleading, and that diversity jurisdiction was lacking.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-10-09
  The court granted the motion for reconsideration, finding that newly discovered evidence of coordination between the defendant and law enforcement could establish state action for a federal claim.
• Honaker v. Tremble
  M.D. Fla.· 2022-11-07
  The court granted the motion to dismiss Count I, finding the plaintiff failed to state a plausible claim against the City under § 1983.
• Valsaint v. City of Miami Beach
  S.D. Fla.· 2022-11-02
  The court held that claims based on the 2017 incident are likely time-barred, and claims against officers Cajuso and Sosa, and for excessive force, false arrest, and equal protection violations against officer Blacio, fail to state a claim or are barred by qualified immunity. Mun
• Wood v. Edenfield
  N.D. Fla.· 2022-03-31
  The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
• Rice v. Fla. Dep't of Corr.
  M.D. Fla.· 2021-06-15
  The court held that the plaintiff's allegations were sufficient to overcome the defendants' motions to dismiss based on qualified immunity and Florida sovereign immunity.
• Crowley v. Jacksonville Sheriff's Off.
  M.D. Fla.· 2021-05-06
  The court held that the plaintiff's complaint must be dismissed because he sued an entity not amenable to suit and failed to state a claim for deliberate indifference, nor did he exhaust administrative remedies.
• Young v. Miami Dade Cnty.
  S.D. Fla.· 2020-12-21
  Mark Young, a deceased pretrial detainee, alleged that correctional officers at the Miami-Dade County Detention Center assaulted him without provocation and subsequently denied him adequate medical care in violation of his constitutional rights. The court partially granted and pa
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• Heriberto Ayala-MARTÍNEZ v. ANGLERÓ
  982 F.2d 26· 1st Cir.· 1992-12-23
  The court affirmed the summary judgment on the malicious prosecution claim, finding it did not rise to the level of a constitutional violation under § 1983, but remanded the remaining claims for further proceedings.
• Coates v. Daugherty
  973 F.2d 290· 4th Cir.· 1992-08-18
  The court held that the jury's verdict denying qualified immunity to the officers was supported by sufficient evidence, and therefore, judgment notwithstanding the verdict was inappropriate.
• August Smith v. City OF Joliet
  965 F.2d 235· 7th Cir.· 1992-05-28
  The court held that the plaintiff failed to present sufficient evidence of a City policy or custom causing the alleged constitutional violation, thus affirming the grant of summary judgment.
• Elmore v. Corcoran
  913 F.2d 170· 4th Cir.· 1990-09-10
  The court held that the district court abused its discretion by amending the pleadings to include a due process claim that was not tried by the express or implied consent of the parties.
• Vintson v. Anton
  786 F.2d 1023· 11th Cir.· 1986-04-14
  The court held that the appointment of election officials in Walker County, Alabama, satisfied federal constitutional standards and Alabama law, as substantial Republican representation ensured bipartisanship and prevented fraud.
• McKENNA v. Fargo
  510 F.2d 1179· 3d Cir.· 1975-02-11
  The court held that the district court erred in dismissing the case for lack of federal subject matter jurisdiction and that the appeal was not moot.