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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S.D. Fla.·
2020-07-10
The court held that the complaint, default, and default judgment could be amended by interlineation to correct the defendant's name to Dr. Glenn Pearson.
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M.D. Fla.·
2020-07-09
A § 1983 action is not the proper vehicle for a pretrial detainee seeking release based on speedy trial or double jeopardy claims.
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The court held that a pro se prisoner's complaint alleging wrongful detention and mishandling of grievances fails to state a claim and is dismissed, but with leave to amend.
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The court held that the plaintiff failed to exhaust administrative remedies, requiring dismissal of his civil rights complaint.
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A judge is entitled to absolute judicial immunity from damages and relief for actions taken in their judicial capacity, even if acting maliciously or in excess of authority, unless acting in the clear absence of all jurisdiction.
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The court held that the complaint fails to state a claim upon which relief can be granted and is subject to dismissal under the PLRA.
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The court held that a prisoner cannot bring a federal civil action for mental or emotional injury without a prior showing of physical injury, and that claims against a state official in her official capacity require showing a policy or custom caused the injury.
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The court held that genuine issues of material fact exist regarding the excessive force claim, precluding summary judgment, and that officers are not entitled to qualified immunity based on the plaintiff's version of events. Summary judgment was granted for the failure to interve
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S.D. Fla.·
2020-05-11
The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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The court held that the plaintiff's second amended complaint sufficiently pleaded claims for excessive force and supervisory liability, meeting federal pleading standards.
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Bryan Turner, a retired deputy sheriff who announced his intention to run for sheriff of Nassau County, sued Sheriff Mike Williams and the Jacksonville Sheriff's Office alleging First Amendment retaliation for his arrest on evidence tampering charges, and similarly sued Sheriff B
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The court held that claims against deputies were dismissed as shotgun pleading, certain claims against the Sheriff were dismissed for lack of private right of action or capacity, but the Section 1983 claim against the Sheriff for a custom of excessive force could proceed.
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The court held that the plaintiff's excessive force claims are not barred by Heck, but claims for injunctive and declaratory relief are moot, and monetary damages against defendants in their official capacities are barred by Eleventh Amendment immunity.
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The court held that probable cause existed for the arrest, thus dismissing false arrest and malicious prosecution claims, but denied dismissal for excessive force claims due to allegations of unreasonable force against an elderly individual. The court also found that an adjudicat
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The court held that the defendants failed to demonstrate that the plaintiff's alleged injuries were de minimis as a matter of law, thus denying their motion for partial summary judgment.
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The court held that the officers were not entitled to qualified immunity at the pleading stage for the false arrest claim, and the Sheriff was not entitled to dismissal of the § 1983 municipal liability, battery, and false arrest claims.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 because it lacked sufficient factual allegations to demonstrate a violation of constitutional rights.
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The district court adopted the magistrate judge's report and recommendation, granting summary judgment for all defendants and closing the case.
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The court held that the evidence was legally insufficient to support a finding of excessive force because the force used was de minimis and the injuries were minor.
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The court held that a plaintiff's failure to prosecute and comply with court orders warrants dismissal of the case without prejudice.
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The court granted summary judgment for the defendants, finding no evidence of constitutional violations or state law claims sufficient to overcome qualified immunity or Monell liability.
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The court held that the case should be transferred to the Middle District of Florida because the events giving rise to the claim occurred in Polk County, which is within that district's jurisdiction.
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The court held that the plaintiff failed to state a claim under Section 1983 because he did not allege facts showing a deprivation of a constitutional right or municipal liability.
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M.D. Fla.·
2019-12-10
The court held that the amended complaint failed to state a claim and that the defendant was entitled to qualified immunity, but granted the plaintiff one final opportunity to amend.
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The court held that the Florida Department of Corrections is an arm of the state and thus not a "person" subject to suit under 42 U.S.C. § 1983. Furthermore, the plaintiff failed to adequately allege a failure to train claim against the FDOC as a governmental entity.
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The court held that the plaintiffs failed to sufficiently plead claims for negligent supervision/training and violation of 42 U.S.C. § 1983, even after multiple opportunities to amend their complaint.
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The court held that a motion to strike is not applicable to a motion to dismiss or for summary judgment, and that a motion for summary judgment filed before adequate discovery is premature and should be denied without prejudice.
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The court held that the plaintiff failed to state a claim for municipal liability under § 1983 due to lack of factual support for a policy or custom, but the state law claims against the City could proceed as sufficient facts were alleged to support the officer acting in good fai
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The Court denied the Sheriff's motion to dismiss claims of municipal liability, battery, and false imprisonment, finding the complaint sufficiently alleged facts to state plausible claims.
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The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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The court granted the motion to dismiss, finding that while the plaintiff adequately alleged excessive force, the § 1983 claim against the county failed for lack of a pleaded policy or custom causing the violation.
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The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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Deputy Kasey Wingo sought summary judgment on various claims arising from two arrests of Robert Harris in 2014 and 2016, but the court granted the motion only in part. For the April 2014 arrest, the court found that disputed facts precluded summary judgment on false arrest, malic
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M.D. Fla.·
2019-10-31
The court adopted the magistrate judge's recommendation to deny the application to proceed in forma pauperis and dismiss the amended complaint.
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The court held that the officer was entitled to qualified immunity because his use of a K-9 was objectively reasonable under the circumstances and the law was not clearly established regarding the specific facts presented.
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A public employee's refusal to speak on a matter of private concern is not protected by the First Amendment, and therefore, such refusal cannot form the basis of a retaliation claim.
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The court held that the plaintiff failed to present evidence of a pattern of constitutional violations or a deliberate indifference by the Sheriff to establish a failure to train claim under § 1983, and that the absence of a specific policy to segregate detainees did not amount t
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The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
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The court held that Sheriff Gibson was not a final policymaker regarding Lopez's demotion because the Career Service Appeals Board provided meaningful administrative review, thus precluding municipal liability under § 1983.
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The court held that evidence of the underlying facts of the arrest and the plaintiff's drug use at the time are admissible.
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The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
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The Superior Court of Delaware held that Section 1983 claims brought in state court must meet the plausibility standard, requiring specific factual allegations to support the claim. The court also affirmed that state law personal injury claims against state employees are barred b
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Appellant former Mayor Zuccarelli was found liable by jury for selectively enforcing town ordinances against the plaintiffs in violation of their equal protection rights, resulting in a $1.1 million judgment. The appellate court reversed, finding no competent substantial evidence
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The court held that the plaintiff's amended complaint was a shotgun pleading and that the defendants were entitled to absolute immunity for their quasi-judicial actions in investigating the plaintiff's discrimination claim.
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The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
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The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
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The court held that summary judgment was inappropriate for certain claims, allowing them to proceed to trial, while granting it for others.
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720 F. Supp. 2d 1351·
M.D. Fla.·
2010-06-28
The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas