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S.D. Fla.·
2020-11-29
The court held that a pro se prisoner's complaint against a judge is subject to dismissal under 28 U.S.C. § 1915A for failure to state a claim and for seeking relief from an immune defendant.
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S.D. Fla.·
2020-10-02
The court held that a successive habeas corpus petition filed without authorization from the court of appeals must be dismissed for lack of jurisdiction.
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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M.D. Fla.·
2020-08-20
A prisoner's failure to exhaust available administrative remedies, evident on the face of the complaint, requires dismissal of the action.
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S.D. Fla.·
2020-08-07
A federal court lacks jurisdiction to grant a writ of habeas corpus under 28 U.S.C. § 2241 when the petitioner is not in the custody of the respondent authority, and an immigration detainer alone does not satisfy this requirement.
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N.D. Fla.·
2020-06-08
The court accepted the plaintiff's notice of voluntary dismissal, effectively dismissing the case without prejudice.
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M.D. Fla.·
2020-04-27
Prison inmate Jean-Denis sued corrections sergeant Tate and physician Aviles under 42 U.S.C. § 1983, alleging that Tate deprived him of meals and water while on self-harm observation status at a Florida prison and that Aviles denied him proper medical treatment for resulting inju
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M.D. Fla.·
2020-04-14
The court held that the defendants' motion to revoke the plaintiff's in forma pauperis status and dismiss the case under the PLRA's 'three strikes' provision must be denied.
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M.D. Fla.·
2020-03-31
A prisoner with three or more prior dismissals for frivolousness, maliciousness, or failure to state a claim, who is not under imminent danger, must pay the filing fee upfront and is barred from proceeding in forma pauperis.
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M.D. Fla.·
2020-03-19
The court held that the Second Amended Complaint constituted an impermissible shotgun pleading and was dismissed without prejudice, granting the plaintiff an opportunity to file a Third Amended Complaint.
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S.D. Fla.·
2020-01-08
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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187 So. 3d 871·
Fla. 3d DCA·
2016-02-24
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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571 F. Supp. 2d 1270·
S.D. Fla.·
2008-07-29
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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510 F. Supp. 2d 786·
M.D. Fla.·
2007-02-16
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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748 So. 2d 368·
Fla. 3d DCA·
2000-01-12
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994 F.2d 1408·
9th Cir.·
1993-06-02
The court held that a prisoner's due process rights may be violated by disciplinary segregation imposed without adequate notice or opportunity to call witnesses, and by punishment for praying in Arabic under an overly broad English-only rule. Qualified immunity may not apply if a
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967 F.2d 176·
5th Cir.·
1992-08-04
The court held that the officer's actions did not constitute deliberate indifference to the inmate's serious medical needs, as his conduct was not wanton or a reckless disregard for the inmate's rights.
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966 F.2d 901·
5th Cir.·
1992-06-15
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931 F.2d 11·
5th Cir.·
1991-05-13
The court held that there is no constitutional right requiring a government employer to pay wages for days an employee misses work to respond to a federal court subpoena, and thus no basis for a § 1983 claim or § 1988 attorney fees.
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578 So. 2d 1132·
Fla. 5th DCA·
1991-04-04
Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
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877 F.2d 9·
8th Cir.·
1989-06-07
The court held that the district court erred in dismissing the pro se prisoner's complaint without considering the distinct standards for dismissal under Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(d), especially in light of Neitzke v. Williams.
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835 F.2d 1126·
5th Cir.·
1988-01-20
The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
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701 F.2d 418·
5th Cir.·
1983-03-28
A prisoner's civil rights action cannot be dismissed solely on the unsubstantiated speculation that they cannot effectively prosecute it while incarcerated.
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504 F.2d 1067·
9th Cir.·
1974-10-15
The court held that the application of ORS 109.326(1) infringes upon the constitutional rights of natural fathers and declared the statute constitutionally null and void.