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S.D. Fla.·
2022-10-27
The court held that the plaintiff's pro se complaint stated plausible claims for deliberate indifference and Eighth Amendment violations regarding denial of food/water, denial of medical care, and facilitation of self-harm, and thus these claims shall proceed.
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M.D. Fla.·
2022-06-13
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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M.D. Fla.·
2021-12-07
The court held that the plaintiff's claims against Corizon were not time-barred due to the continuing violation doctrine, and Centurion's motion to dismiss based on the three-strikes rule was denied. The court will proceed to make specific findings on the exhaustion of administra
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M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to exhaust administrative remedies and that his claims, even if considered on the merits, were insufficient to state a claim for deliberate indifference or constitutional violations.
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M.D. Fla.·
2021-08-05
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs, as the allegations amounted to negligence or malpractice, not a constitutional violation.
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M.D. Fla.·
2021-08-02
The court held that the plaintiff failed to state a claim against the supervisory defendant for deliberate indifference, even though administrative remedies were exhausted.
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S.D. Fla.·
2021-07-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to a serious medical need, and thus the complaint must be dismissed.
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M.D. Fla.·
2021-06-28
The court held that a plaintiff may plead alternative damages, such as survival and wrongful death claims, in the alternative within a single count at the pleading stage.
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M.D. Fla.·
2021-05-21
The court held that a state agency is not a 'person' under § 1983, but claims against a supervisor can proceed if there's a causal connection. Claims against one warden were dismissed without prejudice, while claims against another were allowed to proceed.
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M.D. Fla.·
2021-01-28
The court held that plaintiff plausibly alleged a policy of restricting non-emergency medical treatment against Wexford Health Sources, Inc., but dismissed claims against individual defendants for failure to state a claim or lack of personal involvement.
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M.D. Fla.·
2021-01-12
The court held that the plaintiff sufficiently alleged deliberate indifference to his serious medical needs following the use of force, but failed to state a claim regarding his initial psychological emergency. Official capacity claims for monetary damages are barred by the Eleve
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M.D. Fla.·
2020-10-14
The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
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M.D. Fla.·
2020-10-05
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against any defendant because his allegations amounted to negligence, not deliberate indifference to serious medical needs, and he did not plead facts establishing an official policy or custom for th
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M.D. Fla.·
2020-09-23
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 for deliberate indifference to a serious medical need.
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M.D. Fla.·
2020-09-11
The court held that the settlement amount, but not the entire agreement, is discoverable for set-off purposes.
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M.D. Fla.·
2020-09-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs because he did not identify an official policy or custom of the defendant that caused the alleged constitutional violation.
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M.D. Fla.·
2020-06-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment because he did not allege an official policy or custom of the defendant that caused the alleged constitutional violation.
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M.D. Fla.·
2020-04-21
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
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M.D. Fla.·
2020-02-03
The court held that the defendant was entitled to qualified immunity because the plaintiff failed to demonstrate deliberate indifference to his serious medical needs and had not exhausted administrative remedies.
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499 F. Supp. 2d 1299·
M.D. Fla.·
2007-08-13
The court affirmed the grant of summary judgment, holding that while there was a jury question regarding deliberate indifference to the plaintiff's post-operative care by Halifax employees, the plaintiff failed to establish municipal liability due to lack of policy or custom, and
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986 F.2d 214·
8th Cir.·
1993-02-09
The court held that while procedural irregularities occurred below, the grant of summary judgment for the defendants was proper because the plaintiff failed to present specific facts showing deliberate indifference to his serious medical needs.
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935 F.2d 968·
8th Cir.·
1991-06-11
The court held that res judicata did not bar the claim against Dr. Kelsey because he was not in privity with Dr. Bowers, but remanded the attorney's fees award for reconsideration due to unclear documentation.