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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A Florida inmate sued prison officials for allegedly failing to protect him from excessive force, deliberate indifference to medical needs, and supervisory failures under 42 U.S.C. § 1983, naming twenty defendants across fourteen counts. The district court granted the defendants'
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The court held that the plaintiff's pro se complaint failed to state a claim under 42 U.S.C. § 1983 against the named defendants.
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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 held that a supervisory official cannot be held liable under § 1983 for subordinates' actions absent personal involvement or a policy of deliberate indifference.
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A prisoner must properly exhaust all available administrative remedies before filing a § 1983 claim, and failure to resubmit an appeal after it was returned without action constitutes a failure to exhaust.
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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 most of the plaintiff's claims were conclusory or failed to state a claim upon which relief could be granted, but allowed claims against one defendant to proceed.
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The court held that the plaintiff inmate failed to state a plausible claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2020-01-09
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's amended complaint was a shotgun pleading and failed to comply with the Federal Rules of Civil Procedure, warranting dismissal.
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The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983, even when liberally construed.
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The court held that the Florida Department of Corrections and New River Correctional Institution are not proper defendants in a Section 1983 action.
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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 held that HIPAA does not create a private cause of action, and a prisoner cannot recover compensatory or punitive damages for mental or emotional injury without alleging a physical injury, but nominal damages may be available.
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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 motion to dismiss, dismissing the medical malpractice claim for failure to follow pre-suit requirements and the Eighth Amendment claim for failure to state a plausible claim, but denying dismissal on other grounds.
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M.D. Fla.·
2019-11-05
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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The court held that the plaintiff failed to exhaust administrative remedies for his claims against Defendant Lindboe, requiring dismissal of those claims.
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The court held that genuine issues of material fact preclude summary judgment on the Eighth Amendment excessive force claim, but granted summary judgment on the Eleventh Amendment claim for official capacity damages.
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The court held that the Sheriff's office and Detention Center are not legal entities amenable to suit, and the Plaintiff failed to state a claim against the Sheriff for supervisor liability.
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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 grand jury witness has absolute immunity from a § 1983 claim based on their testimony, even if false.
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M.D. Fla.·
2019-09-16
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 found the plaintiff's amended complaint deficient and directed him to file a second amended complaint to address several issues.
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Gaynett Powell, an inmate, sued corrections officials under 42 U.S.C. § 1983, alleging they retaliated against him for protected speech (filing grievances and executing a witness statement) and that a doctor denied him adequate medical treatment in violation of the Eighth Amendme
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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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31 La. 184·
M.D. Fla.·
2018-08-24
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 Delaware Superior Court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The court determined that the defendants were immune under the Delaware State Tort Claims Act because their actions were d
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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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Three DCF employees appeal orders denying their motions to dismiss § 1983 civil rights claims brought on behalf of two adopted children who alleged the employees failed to properly investigate and follow up on abuse reports. The court reversed dismissals as to G.K.'s claims again
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810 F. Supp. 2d 771·
S.D. Fla.·
2013-06-28
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 granted in part and denied in part the defendants' motion for summary judgment. The court granted summary judgment in favor of the City of Wilmington, Sergeant Donald Bluestein, Sergeant Gerald Murray, Corporal Ralph Schifano, Master Sergeant Sherri Tull, and Chief Mich
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The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
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The officers are not entitled to qualified immunity because their use of force was excessive and violated the Fourth Amendment, and the right was clearly established.
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The court held that a prisoner's civil rights complaint seeking compensatory damages is barred by the Prison Litigation Reform Act if the prisoner fails to allege a physical injury.
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Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
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529 F. Supp. 2d 1371·
M.D. Fla.·
2008-01-05
The court held that a Burlington-type analysis is appropriate for First Amendment retaliation claims under § 1983, and that while excluding a plaintiff's name from press releases is too trivial to be an adverse employment action, other claims such as demotion and false accusation
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484 F. Supp. 2d 1279·
S.D. Fla.·
2007-04-24
The court held that the plaintiff failed to allege sufficient facts to overcome the defendants' qualified immunity defense, as the allegations were too vague and conclusory to establish a violation of clearly established constitutional rights.
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The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
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The court held that disputed facts regarding probable cause precluded summary judgment for Deputy Klein on the false arrest and imprisonment claims, but granted summary judgment for other defendants on those claims. Summary judgment was granted for all defendants on the unconstit
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510 F. Supp. 2d 671·
N.D. Fla.·
2007-02-13
The court held that the plaintiff failed to establish direct evidence of race discrimination related to his termination and that while he established a prima facie case for disparate treatment based on circumstantial evidence, the employer articulated a legitimate, nondiscriminat
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The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
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The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
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A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
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756 So. 2d 168·
Fla. 4th DCA·
2000-03-29
A Florida appellate court reversed summary judgment for a police officer charged with wrongful arrest under 42 U.S.C. § 1983, holding that factual disputes about whether the officer had probable cause to arrest the plaintiff for DUI must be resolved by a jury before qualified imm
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The court held that Deputy Brown is entitled to qualified immunity because his use of force was objectively reasonable and did not violate clearly established law, and the plaintiff failed to prove excessive force.
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The Florida Supreme Court held that children do not have a constitutionally protected liberty interest in family companionship under the Fourteenth Amendment's Due Process Clause that would support a Section 1983 cause of action when their parent is wrongfully imprisoned. The Cou