1,015 Florida cases classified under this topic, plus 1,841 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the complaint must be dismissed because the defendant judges are entitled to absolute judicial immunity for the acts alleged.
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M.D. Fla.·
2024-11-27
In a 42 U.S.C. § 1983 prisoner civil rights action, the district court granted a pro se plaintiff's motion to waive Local Rule 3.04's fourteen-day notice requirement for depositions, finding good cause based on mail delays and an approaching discovery deadline.
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M.D. Fla.·
2024-11-27
The district court affirmed the magistrate judge's order denying the plaintiff's motions to compel, finding no part of the order was clearly erroneous or contrary to law.
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The court granted the plaintiff's motion for leave to amend his complaint and dismissed the claims against the original defendants, allowing the case to proceed against a newly identified defendant.
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The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted, but claims of First Amendment retaliation against certain deputies remain pending.
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The court held that the plaintiff failed to state a claim under the Florida Whistle-blower's Act and for First Amendment retaliation because her disclosures were not statutorily protected expression and her speech was not on a matter of public concern made as a citizen.
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M.D. Fla.·
2024-11-13
The court held that a pro se plaintiff cannot file on behalf of another party and that a judge is entitled to absolute judicial immunity for actions taken in her judicial capacity.
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N.D. Fla.·
2024-11-12
A prisoner's failure to accurately disclose prior litigation history on a court-approved complaint form, even if unintentional, constitutes a malicious abuse of the judicial process warranting dismissal.
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A prisoner's failure to truthfully disclose prior litigation history on a complaint form, even if unintentional, warrants dismissal of the action as an abuse of the judicial process.
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M.D. Fla.·
2024-11-07
The court held that a party must attend a deposition even if a motion for a protective order is pending, and awarded costs for the missed deposition.
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The court granted the Department of Children and Families' motion to stay discovery and all deadlines as to that defendant, finding its motion to dismiss appeared clearly meritorious and case dispositive.
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Travis Roe sued Sheriff Michelle Cook and Deputies Clint Redmond and Mark Maertz for excessive force and related claims arising from his arrest in August 2020 for murder. The court granted summary judgment in favor of the defendants on the excessive force and failure to intervene
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The court granted defendants' motions to dismiss, dismissing official capacity claims with prejudice and individual capacity claims against supervisors without prejudice.
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N.D. Fla.·
2024-10-21
The court held that the plaintiff failed to state an Eighth Amendment excessive force claim and that the defendant was entitled to qualified immunity.
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The court held that the amended complaint fails to state a claim because it lacks specific factual allegations and is barred by Heck v. Humphrey.
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Amir Shadmani sued Officers J.M. Barnes and A.G. Scott for using excessive force during his arrest following a suspected cocaine possession, and sued Sheriff T.K. Waters for municipal liability and battery. The court granted summary judgment in favor of all defendants, finding th
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A prisoner's pro se civil rights complaint may be dismissed without prejudice as malicious for failing to accurately disclose prior litigation history under penalty of perjury.
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The court held that the plaintiff's proposed amended complaint was deficient and denied his motion to amend, but granted him leave to file a new amended complaint.
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The court held that it lacked jurisdiction over the plaintiff's Federal Tort Claims Act claim because she failed to exhaust administrative remedies, and dismissed the complaint without prejudice.
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M.D. Fla.·
2024-09-30
The court held that the plaintiff failed to state a claim upon which relief could be granted, dismissing all counts with prejudice.
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A prisoner with three prior dismissals for frivolity or failure to state a claim is barred from proceeding in forma pauperis unless they allege imminent danger of serious physical injury.
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A pro se prisoner's complaint must contain plausible factual allegations that state a claim for relief, and vague assertions or labels are insufficient. Entities like Sheriff's Offices are not suable under Florida law.
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The court recommended denying the defendants' motion to dismiss the plaintiff's claims for compensatory and punitive damages.
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A prisoner's civil rights complaint may be dismissed without prejudice as malicious for failing to accurately disclose prior litigation history under penalty of perjury.
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The court held that a false arrest claim under § 1983 may proceed even with a conviction, but a malicious prosecution claim is barred by the conviction. State law false arrest claims may proceed if fraud is alleged, but state malicious prosecution claims are barred by the convict
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A pro se plaintiff's civil rights action against a state agency is barred by Eleventh Amendment sovereign immunity, and amendment would be futile.
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The court held that the Department of Children and Family's Florida (DCF) is immune from suit under the Eleventh Amendment, and the plaintiff's claims failed to state a claim upon which relief could be granted.
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N.D. Fla.·
2024-09-10
The court recommended dismissal of the case without prejudice.
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The court held that the plaintiff sufficiently exhausted administrative remedies and adequately alleged state law claims to survive a motion to dismiss.
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A prisoner must properly exhaust available administrative remedies before filing a Section 1983 action, and failure to do so mandates dismissal.
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Summary judgment is granted for defendants Hanson and Kirby as Plaintiff failed to provide evidence of their presence or involvement. Summary judgment is denied regarding exhaustion of administrative remedies for other defendants, as naming all defendants is not required by FDOC
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M.D. Fla.·
2024-08-12
The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting plaintiffs leave to amend.
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A federal prisoner awaiting sentencing cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence; such claims must be brought under § 2255 after sentencing and exhaustion of direct appeal, and conditions of confinement claims belong in a § 1983 a
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A prisoner sued two Florida correctional officials under 42 U.S.C. § 1983, alleging violations of his First Amendment rights through attempts to obstruct his grievance filings and retaliation for filing grievances, and the magistrate judge found that the prisoner properly exhaust
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A prisoner's failure to properly exhaust available administrative remedies before filing suit requires dismissal of the action without prejudice.
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A prisoner's failure to accurately disclose prior litigation history, even if unintentional, warrants dismissal of the case without prejudice as malicious due to abuse of the judicial process.
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N.D. Fla.·
2024-08-06
Claims against a defendant must be dismissed without prejudice for failure to effect service when the U.S. Marshals Service cannot locate the defendant after reasonable efforts and the plaintiff fails to provide a service address or show cause.
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The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
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The court granted summary judgment for the defendants, finding that only the plaintiff's termination was a timely actionable claim and that he failed to establish claims for race discrimination, national origin discrimination, or retaliation.
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The court held that while individual-capacity claims and official-capacity claims against some defendants are dismissed, the official-capacity claim against Secretary Dixon for injunctive relief under RLUIPA and the First Amendment survives.
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The court held that the plaintiff failed to establish personal jurisdiction over the legislative defendants and failed to state a claim upon which relief could be granted.
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The court granted summary judgment for defendants on most claims, finding no genuine dispute of material fact regarding excessive force and upholding qualified immunity.
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The court held that genuine issues of material fact preclude summary judgment on the excessive force and assault/battery claims against Defendant North, but granted summary judgment for Defendant Carter on the deliberate indifference claim.
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Sandra and John Corbin sued Charlotte County Sheriff's Office deputies for excessive force, false arrest, and deliberate indifference to medical needs following Sandra's arrest during a traffic stop, where Deputy Aaron Williams leg-swept her, causing a fractured tibia. The court
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Florida Statute § 111.071(1)(a) prohibits a municipality from paying a 42 U.S.C. § 1983 civil rights judgment where the officer has been determined in the final judgment to have caused the harm intentionally. Because the federal jury found the officers intentionally violated the
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In this case, three innocent bystanders shot by a police officer while sitting in a parked car at a restaurant drive-through sued the officer and county for excessive force and related state law torts. The court denied the officer's motion to dismiss the Fourth Amendment excessiv
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The court held that the plaintiff failed to sufficiently plead a 'class of one' equal protection claim because it did not identify a similarly situated comparator with adequate specificity, and dismissed the procedural due process claim for failure to plead the unavailability of
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The court held that a plaintiff's refusal to comply with court orders, even if based on a belief that venue is improper, warrants dismissal under Federal Rule of Civil Procedure 41(b).
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M.D. Fla.·
2024-07-12
The court held that a Section 1983 claim against an employer based solely on an employee's actions is barred by the inapplicability of respondeat superior, and that while a difference of medical opinion is insufficient, an allegation of being provided no consumable medication for
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M.D. Fla.·
2024-06-25
The court held that the plaintiff's second amended complaint states a plausible claim against Dr. Noe for an Eighth Amendment violation, but dismisses claims against other defendants for failure to state a claim.