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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M.D. Fla.·
2023-06-26
The court held that the plaintiff's Second Amended Complaint was an impermissible shotgun pleading and failed to comply with court rules, warranting it being stricken.
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M.D. Fla.·
2023-06-23
The court held that a state's post-deprivation remedy for lost property satisfies due process, barring a federal civil rights claim.
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The court held that the plaintiff's excessive force claim (Count II) fails and is dismissed due to qualified immunity, but his federal false imprisonment claim (Count III) for denial of a prompt probable cause hearing may proceed.
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The court held that the amended complaint failed to state a claim because it impermissibly joined unrelated claims and lacked sufficient factual detail to support the excessive force allegations.
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S.D. Fla.·
2023-06-21
The court held that a stay of proceedings and discovery was not warranted, but granted a 30-day extension for remaining scheduling order deadlines.
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M.D. Fla.·
2023-06-09
The court held that the plaintiff's Eighth and Fourteenth Amendment claims under 42 U.S.C. § 1983 must be dismissed for failure to allege state action, and any potential Title VII claims are dismissed without prejudice for failure to exhaust administrative remedies.
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S.D. Fla.·
2023-06-08
The court held that the plaintiff's amended complaint, despite some reductions, still constituted a shotgun pleading and was therefore struck.
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M.D. Fla.·
2023-06-07
The court held that the plaintiff's civil rights claims under 42 U.S.C. § 1983 and the Fair Housing Act were untimely and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2023-06-07
The court held that while the ordinance provides sufficient notice of prohibited conduct, the enforcement standards in subsection 30-55(2)(a) are unconstitutionally vague.
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M.D. Fla.·
2023-06-07
A complaint alleging only negligence in medical treatment, without facts showing deliberate indifference to a serious medical need, fails to state a claim under 42 U.S.C. § 1983.
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S.D. Fla.·
2023-06-05
The court held that the complaint must be dismissed because the plaintiff failed to pay the filing fee and the allegations were frivolous.
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A federal court in Miami denied in part and granted in part motions to dismiss a civil rights complaint arising from police use of force against a peaceful protester during a George Floyd demonstration in Fort Lauderdale on May 31, 2020. The court held that the plaintiff stated a
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M.D. Fla.·
2023-06-01
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2023-05-31
The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to proceed in forma pauperis and dismissing the complaint for failure to state a claim.
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A pro se prisoner's civil rights complaint challenging the constitutionality of his state-court conviction is not cognizable under 42 U.S.C. § 1983 and must be dismissed.
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The court held that the defendant officer was entitled to qualified immunity because his use of force was reasonable under the circumstances and did not violate clearly established law.
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M.D. Fla.·
2023-05-26
Craig Ridley died in October 2017, approximately four weeks after correctional officers at a Florida prison allegedly used excessive force on him, causing a spinal cord injury that left him quadriplegic; his estate and surviving family members filed this wrongful death suit again
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M.D. Fla.·
2023-05-25
The court held that the defendant failed to meet his burden to show the plaintiff did not exhaust administrative remedies and that the plaintiff's claim for declaratory relief may proceed, but claims for monetary damages against the defendant in his official capacity are barred b
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The court held that the FDOC's motion for summary judgment should be denied because genuine issues of material fact exist regarding the FWDA claim and sovereign immunity.
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S.D. Fla.·
2023-05-23
The court held that the pro se plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 and did not establish diversity jurisdiction, warranting dismissal.
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The court held that the defendant city may be entitled to attorneys' fees under 42 U.S.C. § 1988(b) even though the plaintiff prevailed on one count, provided the other claims were frivolous, and that arguments raised solely in footnotes are not considered.
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Police officers who executed a search warrant that resulted in the death of an innocent bystander were entitled to qualified immunity because their use of force was objectively reasonable and did not violate clearly established constitutional rights. The court rejected claims by
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M.D. Fla.·
2023-05-15
The court held that while the expert's methodology was reliable and generally helpful, specific opinions offering legal conclusions were inadmissible.
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M.D. Fla.·
2023-05-15
The court recommended denying the motion to proceed in forma pauperis without prejudice and requiring the plaintiff to amend his complaint due to deficiencies in pleading and potential jurisdictional issues.
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M.D. Fla.·
2023-05-10
The court recommended denying the plaintiff's motion to proceed in forma pauperis and dismissing the complaint without prejudice because the plaintiff failed to state a claim under 42 U.S.C. § 1983 and was not indigent.
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M.D. Fla.·
2023-05-07
The court denied the plaintiff's motion for reconsideration because it failed to present new facts or law to overcome the prior dismissal based on state immunity.
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M.D. Fla.·
2023-05-05
The court recommended denying motions to dismiss as moot, dismissing claims for declaratory or injunctive relief under Younger abstention, staying claims for monetary relief pending state court proceedings, and denying a motion to dissolve a lis pendens without prejudice.
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S.D. Fla.·
2023-05-03
The court held that the plaintiff's complaint fails to state a claim upon which relief can be granted and must be dismissed.
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Fla. 3d DCA·
2023-05-03
A juvenile's right to be physically present at an adjudicatory hearing requires a knowing, intelligent, and voluntary waiver, which cannot be satisfied by mere technical difficulties during remote participation.
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S.D. Fla.·
2023-05-03
The court held that the pro se plaintiff's complaint fails to state a claim upon which relief can be granted and is frivolous, warranting dismissal without prejudice.
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S.D. Fla.·
2023-05-03
The court held that a complaint lacking factual allegations fails to state a claim upon which relief can be granted.
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S.D. Fla.·
2023-05-03
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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M.D. Fla.·
2023-05-02
The court held that the plaintiff failed to state a claim against Sheriff Gualtieri and that the other defendants were entitled to qualified immunity or summary judgment.
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The court held that the plaintiff's pro se complaint failed to meet federal pleading standards and was deficient in identifying defendants and stating claims.
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S.D. Fla.·
2023-04-29
The court held that the pro se plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 and is frivolous, warranting dismissal without prejudice.
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S.D. Fla.·
2023-04-27
The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege deprivation of a constitutional right or action under color of state law.
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M.D. Fla.·
2023-04-24
The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice, but granting the plaintiff leave to amend.
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S.D. Fla.·
2023-04-12
The court denied the plaintiff's emergency motion for defense counsel and travel permission, finding it lacked legal basis and failed to meet procedural requirements.
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M.D. Fla.·
2023-04-10
A non-attorney parent cannot represent a minor child pro se in federal court, and a complaint attempting to do so fails to state a claim.
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The court held that the pro se plaintiff must identify defendants by name to effectuate service of process and cannot compel a non-party to reveal their identities through discovery.
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The court held that abstention doctrines and claim-splitting did not warrant a stay because the state court proceedings would not resolve the federal constitutional claims. The court also held that certain allegations in the amended complaint were shotgun pleadings and would be s
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N.D. Fla.·
2023-03-31
Defendants are entitled to qualified immunity on the § 1983 damages claim because the plaintiff has not shown a clearly established right to film in a probation office lobby, and the court lacks jurisdiction over claims for injunctive and declaratory relief.
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N.D. Fla.·
2023-03-30
The court held that genuine issues of material fact exist regarding whether Deputy Williams used excessive force and whether the arrest and subsequent prosecution were lawful, precluding summary judgment and qualified immunity for the individual claims.
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N.D. Fla.·
2023-03-27
A section 1983 suit challenging an unconstitutional search and seizure does not necessarily imply an unlawful conviction, but the complaint is dismissed for failure to disclose previous lawsuits.
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M.D. Fla.·
2023-03-24
The court held that a plaintiff must allege deprivation by a state actor to state a claim under 42 U.S.C. § 1983.
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The court recommended granting the plaintiff's renewed motion for entitlement to attorney's fees and costs, finding it timely filed due to a pending motion for judgment as a matter of law, but denied the plaintiff's initial motion for fees as untimely.
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The court held that it lacked subject matter jurisdiction to review the plaintiffs' claims, as they were an attempt to challenge state court foreclosure judgments.
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S.D. Fla.·
2023-03-23
The court held that while the plaintiff plausibly alleged facial constitutional violations, her as-applied challenges and the commingling of claims warranted dismissal without prejudice, granting leave to amend.
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M.D. Fla.·
2023-03-23
The court held that the plaintiff's allegations were insufficient to establish a policy or custom of the defendant medical provider that caused the alleged constitutional violation, and thus failed to state a claim.
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M.D. Fla.·
2023-03-20
The court granted in part and denied in part the motion for reconsideration, allowing the plaintiff one final opportunity to amend his official capacity claim against the Sheriff, but denying reconsideration of the dismissal of official capacity claims against the deputies.