943 Florida cases classified under this topic, plus 1,362 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 plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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The court held that the amended complaint failed to state an actionable claim and was dismissed for abuse of the litigation process due to the plaintiff's failure to disclose prior related lawsuits.
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The court recommended dismissal of the case without prejudice.
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S.D. Fla.·
2024-11-15
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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The court held that the plaintiff failed to state a plausible claim for false arrest or denial of medical care, and also failed to meet the requirements for injunctive relief.
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The court held that a prisoner's failure to accurately disclose prior litigation history on a court form constitutes abuse of the judicial process, warranting dismissal of the case without prejudice.
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The court recommended dismissal of the case without prejudice.
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N.D. Fla.·
2024-11-12
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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The court held that a prisoner who is a 'three-striker' cannot proceed in forma pauperis without alleging imminent danger, and the current claim is barred by res judicata.
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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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A prisoner's complaint must be dismissed without prejudice as a malicious abuse of the judicial process if the prisoner fails to accurately disclose their prior litigation history on the required complaint form.
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The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation or an Equal Protection violation, and thus, the remaining claims also fail.
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A pro se plaintiff's failure to truthfully disclose all prior federal cases on the court's complaint form constitutes an abuse of the judicial process, warranting dismissal without prejudice.
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The court held that the plaintiff's civil rights complaint is barred by res judicata due to a prior dismissed action and should also be dismissed as malicious for failing to truthfully disclose his litigation history on the complaint form.
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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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N.D. Fla.·
2024-10-09
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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M.D. Fla.·
2024-10-04
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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The court held that the pro se plaintiff's civil-rights complaint failed to state a viable claim because it did not allege personal participation by defendants, did not establish state action, and improperly attempted to sue under federal criminal statutes.
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The court held that a pro se plaintiff's second amended complaint failed to state a claim upon which relief could be granted, and thus recommended dismissal 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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The court held that it lacked subject-matter jurisdiction over the plaintiff's complaint because the plaintiff failed to establish federal question jurisdiction or diversity jurisdiction.
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The court recommended dismissal of the case without prejudice.
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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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N.D. Fla.·
2024-09-17
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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M.D. Fla.·
2024-09-16
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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The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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N.D. Fla.·
2024-09-10
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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N.D. Fla.·
2024-09-10
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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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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The court held that the Florida Department of Children and Families is immune from suit under the Eleventh Amendment, and the plaintiff's complaint fails to state a claim.
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Plaintiff's claims for false arrest and false imprisonment are barred by Heck v. Humphrey because a judgment in her favor would necessarily imply the invalidity of her convictions, and the Sheriff's Department is not a suable entity under Florida law.
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A prisoner who is a 'three-striker' and fails to pay the filing fee or demonstrate imminent danger of serious physical injury must have their case dismissed.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders.
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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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A prisoner's civil rights complaint alleging constitutional violations during state criminal proceedings is properly dismissed with prejudice if the claims are barred by the statute of limitations, Heck v. Humphrey, or if the defendants are immune or not state actors.
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The court recommended dismissal of the prisoner's civil rights complaint with prejudice and imposition of sanctions under Rule 11 and the All Writs Act due to his status as a 'three-striker' and the frivolous nature of his claims.
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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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The court held that dismissal without prejudice is an appropriate sanction for a pro se prisoner's failure to comply with court orders and keep the court apprised of his address.
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The court held that a non-lawyer proceeding pro se cannot represent other pro se plaintiffs, and that the complaint failed to state claims for false arrest, false imprisonment, and failure to train due to insufficient factual allegations.
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S.D. Fla.·
2024-08-08
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's failure to properly exhaust available administrative remedies before filing suit requires dismissal of the action without prejudice.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders regarding payment of the filing fee or filing an in forma pauperis motion.
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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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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 held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a temporary restraining order and denied his motions.
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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 the plaintiff sufficiently alleged excessive force and failure to intervene claims against certain defendants, but failed to state a retaliation claim against others. Eleventh Amendment immunity applies to official capacity monetary claims.
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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.