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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A federal court in Miami denied in part and granted in part motions to dismiss a civil rights complaint arising from police use of force against a peaceful protester during a George Floyd demonstration in Fort Lauderdale on May 31, 2020. The court held that the plaintiff stated a
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The court held that the defendant officer was entitled to qualified immunity because his use of force was reasonable under the circumstances and did not violate clearly established law.
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The court held that the FDOC's motion for summary judgment should be denied because genuine issues of material fact exist regarding the FWDA claim and sovereign immunity.
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The court held that the defendant city may be entitled to attorneys' fees under 42 U.S.C. § 1988(b) even though the plaintiff prevailed on one count, provided the other claims were frivolous, and that arguments raised solely in footnotes are not considered.
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Police officers who executed a search warrant that resulted in the death of an innocent bystander were entitled to qualified immunity because their use of force was objectively reasonable and did not violate clearly established constitutional rights. The court rejected claims by
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A prisoner's voluntary dismissal of an action under Federal Rule of Civil Procedure 41(a) is effective immediately upon filing and deprives the court of jurisdiction, and this right is not limited by the Prison Litigation Reform Act's purpose of deterring frivolous suits.
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The federal court must abstain from hearing a habeas corpus petition challenging pretrial detention in an ongoing state criminal case when the petitioner has an adequate remedy in state court and does not meet the exceptions to the Younger abstention doctrine.
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The court granted in part the defendants' motions to compel discovery, ordering the plaintiff to provide better responses and verified answers.
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M.D. Fla.·
2023-04-03
The court held that abstention doctrines and claim-splitting did not warrant a stay because the state court proceedings would not resolve the federal constitutional claims. The court also held that certain allegations in the amended complaint were shotgun pleadings and would be s
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A section 1983 suit challenging an unconstitutional search and seizure does not necessarily imply an unlawful conviction, but the complaint is dismissed for failure to disclose previous lawsuits.
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M.D. Fla.·
2023-03-24
The court held that it lacked subject matter jurisdiction to review the plaintiffs' claims, as they were an attempt to challenge state court foreclosure judgments.
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Plaintiff Martínez Bowman sued Columbia County Sheriff Mark Hunter, Deputy David Harvey, and Deputy Jayme Gohde under 42 U.S.C. § 1983 and Florida state law following a 2020 incident in which deputies pulled over his vehicle for deficient lighting, deployed a police canine that b
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The court held that official capacity claims against officers are claims against the municipality, and that claims must be dismissed if they fail to allege municipal policy or custom, or if administrative remedies were not exhausted, or if defendants are entitled to qualified imm
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The court held that the officers' use of deadly force was not objectively reasonable and the law was clearly established, thus denying qualified immunity at the dismissal stage. The city's motion to dismiss the wrongful death claim was also denied.
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The court granted summary judgment for the defendant, finding the plaintiff failed to establish deliberate indifference to a serious medical need under the Eighth Amendment.
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M.D. Fla.·
2023-01-24
The court denied the plaintiff's motion for leave to amend the complaint and his motion for a court-appointed investigator.
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Matthew Poulin sought damages for excessive force following his arrest when North Port police officers tasered him multiple times and then released a K-9 dog that repeatedly bit him, causing severe permanent injuries. The court found that while the taser use was reasonable, Offic
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The court held that the traffic stop was based on reasonable suspicion and the subsequent order to exit the vehicle was lawful, thus granting summary judgment on the unlawful seizure claims.
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A pro se prisoner's civil rights complaint challenging the validity of his criminal conviction must be dismissed for failure to state a claim.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Department of Corrections Medical Department or S. Geiger.
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The court held that the pro se plaintiff's complaint was deficient for failing to state a claim and for naming improper defendants, but granted him an opportunity to amend.
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11th Cir.·
2022-11-21
The Eleventh Circuit held that unsworn inmate statements not complying with 28 U.S.C. § 1746 cannot be considered as evidence for summary judgment, and affirmed the district court's grant of summary judgment and dismissal of claims.
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The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to numerous deficiencies, including duplicative claims, failure to allege personal involvement, and lack of specificity.
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A failure to provide Miranda warnings does not create a cognizable claim for damages under § 1983, and challenges to criminal proceedings must be brought via habeas corpus.
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The court granted the plaintiff's motion to compel discovery, ordering the production of relevant video/audio recordings and complaint documents.
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The court held that the plaintiff's allegations were insufficient to state a claim for excessive force, and thus granted the defendant's motion to dismiss.
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M.D. Fla.·
2022-09-30
The court held that it lacks subject matter jurisdiction over the plaintiff's complaint due to the Rooker-Feldman doctrine, as the claims are inextricably intertwined with a prior state court judgment.
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A federal district court rejected most of the defendants' summary judgment motions and allowed the case to proceed to trial in a civil rights action stemming from John Blessing's arrest at a 2016 Pearl Jam concert, finding genuine disputes of material fact regarding whether polic
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The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
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The court held that the plaintiff failed to sufficiently allege a municipal custom or policy for the § 1983 claim against the County and failed to allege that Detective Coto had a reasonable opportunity to intervene for the § 1983 claim against him.
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The court accepted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Defendants' Bill of Costs.
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The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the Sheriff's Office or Detective Mazone, and that property damage claims are not cognizable under § 1983 when a post-deprivation remedy exists.
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The court held that a 45-day registration requirement for Passover did not substantially burden an inmate's religious exercise under RLUIPA and that electronic posting of the deadline provided adequate notice under the Due Process Clause.
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The court held that the complaint contained shotgun pleading deficiencies and that certain claims against the Sheriff were barred by statute, warranting dismissal with leave to amend.
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The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
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McDonough sued Homestead police officers and the City of Homestead for federal and state law violations stemming from his arrests related to disruptive conduct at City Hall meetings in July and September 2016. The court granted summary judgment for the defendants, holding that Se
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Expert testimony by Dr. Roy Bedard regarding police practices, the Sheriff's custom of condoning misconduct, and negligent hiring, supervision, and retention was excluded as unreliable and unhelpful under Federal Rules of Evidence 702 and Daubert. The court found that Bedard's op
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The court held that the defendants are not entitled to summary judgment based on qualified immunity for the unreasonable search claim because there was no genuine issue of material fact supporting the emergency aid exception to the warrant requirement.
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Pro se plaintiff James R. Leach sued Sarasota County Sheriff deputies for excessive force, First Amendment retaliation, and malicious prosecution arising from his arrest for felony driving with a suspended license in February 2017. The federal district court granted summary judgm
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The court held that the plaintiff's Second Amended Complaint was a shotgun pleading that failed to state a claim and must be dismissed.
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The court held that the defendant detective was entitled to qualified immunity because probable cause existed to arrest the plaintiff, and therefore the plaintiff failed to state a claim for malicious prosecution under the Fourth Amendment.
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Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-02-22
The court held that it lacked subject matter jurisdiction over the claims due to the probate exception and the Rooker-Feldman doctrine, and that the defendant judge was protected by judicial immunity.
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The court held that the county board's decision not to consider a proclamation constituted government speech, not a violation of the First or Fourteenth Amendments or Florida's Sunshine Law. The court also found no private cause of action for violation of the board's internal rul
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The court granted the City of Vero Beach's motion to dismiss, finding the plaintiff failed to state a claim for municipal liability under § 1983. The court converted the individual defendants' motion to dismiss into a motion for summary judgment.
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The court granted in part Sheriff Gualtieri's motion for summary judgment, finding that claims against him for battery and false arrest were barred by sovereign immunity because the deputy's actions constituted bad faith, malice, or willful and wanton disregard for the plaintiff'
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Summary judgment is granted for Defendant Gonzalez because the plaintiff's claims against him are unsupported by evidence, and even if the alleged actions occurred, they do not rise to the level of excessive force or outrageous conduct, and qualified immunity applies.
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The court held that the plaintiff failed to establish municipal liability under § 1983 because the allegations regarding the City Manager's final policymaking authority were conclusory and unsupported by facts, and the City Manager's decisions were subject to review by the City C
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The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
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The court held that a habeas petition under 28 U.S.C. § 2241 should be dismissed if the claim is cognizable under 42 U.S.C. § 1983, even if the petitioner requests conversion.