3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court granted in part and denied in part defendant's motion in limine, excluding certain anticipated evidence and arguments as irrelevant or inadmissible under the Federal Rules of Evidence.
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Medical malpractice and negligence are not actionable under Section 1983; an inmate must allege deliberate indifference to a serious medical need.
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The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 for both conditions of confinement and deliberate indifference to medical needs.
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The Court granted in part and denied in part the motion to dismiss, dismissing most claims due to Eleventh Amendment immunity but granting leave to amend the Title IX claim.
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M.D. Fla.·
2024-01-26
A 69-year-old Egyptian-born naturalized U.S. citizen arrested for misdemeanor charges at the Seminole County Jail alleged that corrections deputies used excessive force against him during a strip search in 2018, choking him to unconsciousness and causing fractured ribs. The court
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M.D. Fla.·
2024-01-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference against any of the named defendants, and thus granted the motion to dismiss.
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The court held that the plaintiff prisoner's allegations sufficiently pleaded claims for excessive force, failure to intervene, assault, and battery, thus denying the defendants' motions to dismiss based on qualified immunity and failure to state a claim.
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S.D. Fla.·
2024-01-24
Sullenberger sued the City of Coral Gables and police officers under federal civil rights law after they arrested him at his home on December 2, 2017, when he was found holding a shotgun during a response to a burglar alarm. The district court dismissed his claims under 42 U.S.C.
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The court held that excessive force claims against two deputies may proceed, but claims against medical providers, a supervisor, and the county are dismissed.
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The court held that the plaintiff failed to state a plausible claim for deliberate indifference under the Eighth Amendment against Dr. Cordero and Centurion, and also failed to state a claim against the FDOC under the ADA and RA.
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The court held that Plaintiff failed to state a plausible conspiracy claim against the nurse defendants, but denied the motion to strike and found Plaintiff had exhausted administrative remedies for the conspiracy claim.
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M.D. Fla.·
2024-01-12
The court held that the plaintiff failed to exhaust administrative remedies, and therefore his claims against Assistant Warden Goodwin are dismissed. Claims against Officer Foster are dismissed due to unexecuted service.
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S.D. Fla.·
2024-01-11
The court held that the pro se complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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The court held that the pro se plaintiff's complaint was deficient for failing to state a claim and violating pleading rules, but granted an opportunity to amend.
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The court held that the City of Miami is entitled to sovereign immunity for the plaintiff's claims, and Officer Davis is entitled to qualified immunity on the First Amendment retaliation claim, but not on the false arrest and excessive force claims.
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The court held that the plaintiff failed to state a municipal liability claim against the City of Tampa and that the claim against the chief of police was redundant.
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Consolidating four related federal cases, the court ruled on discovery disputes in death row inmates' Eighth Amendment challenges to Florida's three-drug lethal injection protocol using etomidate, rocuronium bromide, and potassium acetate. The court granted the inmates' motions t
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Supervisory officials cannot be held liable under § 1983 based solely on vicarious liability or for responding to grievances; claims against them are dismissed if no personal participation or causal connection is alleged.
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M.D. Fla.·
2023-12-20
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted, dismissing all counts for lack of subject-matter jurisdiction or failure to exhaust administrative remedies.
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S.D. Fla.·
2023-12-19
The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
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The Court denied the City of Clearwater's motion to dismiss state law claims, finding that sovereign immunity did not apply at this stage and that factual allegations were sufficient to potentially support claims for negligent hiring and retention.
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The court held that the complaint must be dismissed without prejudice for lack of subject matter jurisdiction because the plaintiff failed to adequately invoke federal question or diversity jurisdiction.
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M.D. Fla.·
2023-12-18
The court adopted the magistrate judge's report and granted summary judgment for the defendant, finding no genuine dispute of material fact regarding the plaintiff's obstruction charge.
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M.D. Fla.·
2023-12-14
The court held that the plaintiff's pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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The court held that a speedy trial claim seeking release must be brought as a habeas corpus petition, not a § 1983 action.
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N.D. Fla.·
2023-12-13
The court held that claims against the Department of Corrections are barred by Eleventh Amendment immunity, state-law medical malpractice claims are dismissed for failure to comply with presuit requirements, and the § 1983 deliberate indifference claim against Dr. Lopez-Rivera fa
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The court held that a probationary deputy sheriff in Florida does not have a constitutionally protected property interest in their employment, thus precluding a procedural due process claim.
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S.D. Fla.·
2023-12-11
Homeless individuals sued the City of Miami under Section 1983, alleging that the city violated their Fourth Amendment and due process rights by seizing and destroying their personal property during encampment cleanups without adequate notice or opportunity to recover their belon
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The court held that a pro se plaintiff's civil rights complaint must be dismissed for failure to state a claim, as claims were barred by Younger abstention, judicial immunity, or lacked an adequate legal basis.
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M.D. Fla.·
2023-12-07
The court held that the plaintiff failed to state a claim under the Takings Clause of the Fifth Amendment, as the issue was a customer service dispute, not a governmental taking.
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The court held that federal civil rights claims against private actors fail without state action, Rooker-Feldman bars review of state court judgments, ADA claims fail against private entities, and the constitutional challenge is time-barred.
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M.D. Fla.·
2023-11-27
The court held that claims against the Sheriff's Office, a judge, a public defender, and a state attorney are dismissed with prejudice due to lack of capacity to sue or immunity, while claims against officers are dismissed without prejudice for failure to allege lack of probable
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S.D. Fla.·
2023-11-24
A pretrial detainee incarcerated in a Florida jail brought a Section 1983 claim alleging that corrections officers failed to protect him from attack by another inmate and that medical staff violated his constitutional rights by failing to follow post-operative pain management ins
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S.D. Fla.·
2023-11-15
The court held that the plaintiff's civil rights claims are time-barred by the applicable four-year statute of limitations, and therefore the motion to dismiss is granted.
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M.D. Fla.·
2023-11-13
The court held that the plaintiff's financial circumstances, good faith, and arguments about a chilling effect were insufficient to overcome the presumption that costs should be awarded to the prevailing party.
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S.D. Fla.·
2023-11-09
The court dismissed the plaintiff's fourth amended complaint without prejudice and without further leave to amend, finding federal claims failed due to immunity and pleading deficiencies, and declining supplemental jurisdiction over state law claims.
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The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs, and thus dismissed the complaint without prejudice, granting leave to amend.
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M.D. Fla.·
2023-10-31
A woman arrested at a Florida state prison after corrections officers found synthetic marijuana in her car sought to recover damages from the deputy sheriff and corrections officers involved. The court granted summary judgment in favor of the deputy sheriff, finding he had arguab
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The court adopted the magistrate judge's recommendation to dismiss the plaintiff's claims, finding them barred by the statute of limitations and failing to state a claim.
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The court held that the prisoner's civil rights complaint was dismissed without prejudice, allowing him to file an amended complaint within 30 days, and denied his motion for injunctive relief as moot.
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M.D. Fla.·
2023-10-25
The court held that the plaintiff's amended complaint was a shotgun pleading and improperly joined unrelated claims, requiring dismissal.
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M.D. Fla.·
2023-10-18
The court held that the plaintiff's amended complaint failed to state a claim for wrongful arrest or false imprisonment because it did not allege facts showing a lack of probable cause for his arrest.
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The court denied defendants' motion for leave to amend their answers and affirmative defenses because they failed to demonstrate good cause for the delay.
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M.D. Fla.·
2023-10-16
The court held that a prisoner with three or more prior dismissals under 28 U.S.C. § 1915(g) cannot proceed in forma pauperis unless they allege facts showing imminent danger of serious physical injury.
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M.D. Fla.·
2023-10-11
The court held that the pro se plaintiff's complaint was incomprehensible and failed to state a claim, but granted an opportunity to amend.
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M.D. Fla.·
2023-10-10
The Florida Department of Corrections, as an arm of the state, is not a 'person' amenable to suit under 42 U.S.C. § 1983.
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The court accepted in part and rejected in part the magistrate judge's report, finding a genuine dispute of material fact exists regarding the Sheriff's "failure to train or supervise" claim under Section 1983, but agreeing with the Sheriff regarding state law immunity for certai
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M.D. Fla.·
2023-10-04
The court held that the plaintiff's amended complaint failed to state a viable claim under 42 U.S.C. § 1983 because it did not sufficiently allege official capacity liability against Hernando County or specific facts against the named defendants.
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M.D. Fla.·
2023-10-04
The court held that the plaintiff's complaint failed to state a claim for malicious prosecution because the underlying criminal proceedings had not terminated in his favor.
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M.D. Fla.·
2023-10-02
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against the remaining defendants and that claims against one defendant were dismissed for improper venue.