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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Plaintiff Martínez Bowman sued Columbia County Sheriff Mark Hunter, Deputy David Harvey, and Deputy Jayme Gohde under 42 U.S.C. § 1983 and Florida state law following a 2020 incident in which deputies pulled over his vehicle for deficient lighting, deployed a police canine that b
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S.D. Fla.·
2023-03-15
A prisoner who has accumulated three or more dismissals for frivolous, malicious, or failure-to-state-a-claim actions cannot proceed in forma pauperis without paying the filing fee, unless they allege imminent danger of serious physical injury.
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M.D. Fla.·
2023-03-14
The court held that the plaintiff failed to state a plausible claim for supervisory liability against Warden Rossiter because she did not allege facts showing a causal connection between his conduct and the constitutional violation, nor did she allege he had knowledge of the spec
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M.D. Fla.·
2023-03-09
The court held that the plaintiff's claims were properly dismissed due to the statute of limitations, Eleventh Amendment immunity, and the domestic relations exception to federal jurisdiction.
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The court held that the plaintiff sufficiently alleged exhaustion of administrative remedies and stated a claim for deliberate indifference to a serious medical need.
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The court held that official capacity claims against officers are claims against the municipality, and that claims must be dismissed if they fail to allege municipal policy or custom, or if administrative remedies were not exhausted, or if defendants are entitled to qualified imm
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M.D. Fla.·
2023-03-06
The court granted in part and denied in part the motion to compel discovery, overruling general objections and specific objections to interrogatories 2 and 5, but sustaining the relevancy objection to interrogatory 4.
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The court denied the City's motion for attorneys' fees because the plaintiff's § 1983 claim, though unsuccessful, was not frivolous and warranted the court's close attention.
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The court held that the officers' use of deadly force was not objectively reasonable and the law was clearly established, thus denying qualified immunity at the dismissal stage. The city's motion to dismiss the wrongful death claim was also denied.
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A family sued Charlotte County Sheriff Bill Prummell Jr. and four deputy sheriffs after a November 2019 traffic stop during which Deputy Williams kicked Sandra Corbin, breaking her leg, and then delayed medical care. The court granted in part and denied in part multiple motions t
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S.D. Fla.·
2023-02-13
The court held that the pro se plaintiff's complaint fails to state a claim upon which relief can be granted under 42 U.S.C. § 1983.
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The court granted summary judgment for the defendant, finding the plaintiff failed to establish deliberate indifference to a serious medical need under the Eighth Amendment.
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Del. Ch.·
2023-02-02
The Court of Chancery dismissed the plaintiff's claims for lack of subject matter jurisdiction. The court held that state law claims challenging the denial of a special use permit were legal in nature and reviewable by writ of certiorari from the Superior Court, which provided an
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S.D. Fla.·
2023-01-26
The court held that claims against Florida defendants are severed and transferred, while claims against New Jersey defendants are dismissed due to statute of limitations and Heck bar.
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The court held that a prisoner's complaint must be dismissed without prejudice for failure to exhaust administrative remedies, as required by the PLRA.
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The court denied the plaintiff's motion for leave to amend the complaint and his motion for a court-appointed investigator.
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M.D. Fla.·
2023-01-20
The court denied both parties' motions for reconsideration, finding no clear error or manifest injustice in its prior order granting summary judgment in part and denying it in part.
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Matthew Poulin sought damages for excessive force following his arrest when North Port police officers tasered him multiple times and then released a K-9 dog that repeatedly bit him, causing severe permanent injuries. The court found that while the taser use was reasonable, Offic
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S.D. Fla.·
2023-01-12
The court held that a plaintiff seeking damages for 'garden-variety' emotional distress does not waive the psychotherapist-patient privilege, but must disclose records if they intend to testify about specific diagnoses or prescriptions.
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M.D. Fla.·
2023-01-11
The court held that the plaintiff failed to state a claim upon which relief could be granted and failed to properly identify defendants, warranting dismissal.
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M.D. Fla.·
2023-01-10
The court held that claims against Sheriff Hoffman in his official capacity and for supervisory liability are dismissed, but claims against officers for unlawful search and seizure and destruction of evidence in their individual capacities may proceed.
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M.D. Fla.·
2023-01-10
The court held that the plaintiff's claims for excessive force, assault, battery, and failure to intervene against named officers may proceed to service of process, while the procedural due process claim is dismissed.
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The court held that the traffic stop was based on reasonable suspicion and the subsequent order to exit the vehicle was lawful, thus granting summary judgment on the unlawful seizure claims.
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M.D. Fla.·
2023-01-05
The court held that the Pinellas County Sheriff's Office and Pinellas County Jail are not legal entities capable of being sued under Section 1983, and thus the complaint must be dismissed.
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M.D. Fla.·
2022-12-29
Officer Frank P. Bonett, a Philadelphia police officer on vacation in Florida, was arrested by Deputy Christopher Cook after a domestic disturbance call at a restaurant; Bonett sued Cook under federal law for false arrest and Pinellas County Sheriff Bob Gualtieri under Florida la
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M.D. Fla.·
2022-12-27
The court held that the plaintiff's second amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 against the named defendants.
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S.D. Fla.·
2022-12-16
The court held that the claim against Officer Rodriguez may proceed, but all other claims against the remaining defendants are dismissed with prejudice, with leave to amend for excessive force claims against unidentified officers.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Department of Corrections Medical Department or S. Geiger.
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M.D. Fla.·
2022-12-06
Defendants are entitled to attorney's fees incurred in defending against and pursuing sanctions related to the amended complaint, and the reasonableness of fees billed after March 5, 2021 must be evaluated.
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S.D. Fla.·
2022-12-06
The court held that the plaintiff, a prisoner with multiple prior dismissals, is barred by the 'three-strikes' provision from proceeding in forma pauperis and his complaint is dismissed with prejudice as frivolous and malicious.
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S.D. Fla.·
2022-12-05
The court held that a pro se plaintiff's complaint was deficient for failing to state a cognizable § 1983 claim and for being an impermissible shotgun pleading, but granted leave to amend.
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M.D. Fla.·
2022-11-30
The court held that all defendants are immune from suit or not state actors under 42 U.S.C. § 1983, requiring dismissal of the complaint.
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M.D. Fla.·
2022-11-30
A pro se litigant cannot represent others in a class action, and a complaint alleging denial of access to courts must demonstrate actual injury or hindrance to pursuing a legal claim.
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M.D. Fla.·
2022-11-28
The court held that the plaintiff inmate's pro se complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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The Eleventh Circuit held that unsworn inmate statements not complying with 28 U.S.C. § 1746 cannot be considered as evidence for summary judgment, and affirmed the district court's grant of summary judgment and dismissal of claims.
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M.D. Fla.·
2022-11-18
The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted and is therefore dismissed with prejudice.
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M.D. Fla.·
2022-11-15
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to numerous deficiencies, including duplicative claims, failure to allege personal involvement, and lack of specificity.
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The court held that a plaintiff cannot use Federal Rule of Civil Procedure 35 to compel a medical examination at the defendant's expense, especially when the plaintiff has existing medical records and access to care.
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N.D. Fla.·
2022-10-28
The court held that the plaintiff's claims for injunctive and declaratory relief were barred by judicial immunity and the Eleventh Amendment, as the requested relief was retrospective and an adequate remedy at law existed.
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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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The court held that the plaintiff's allegations were insufficient to state a claim for excessive force, and thus granted the defendant's motion to dismiss.
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The court adopted the magistrate judge's recommendation to dismiss the complaint without prejudice, granting leave to amend, because it constituted an impermissible shotgun pleading and failed to state a claim for municipal liability or an equal protection violation.
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The court held that it lacks subject matter jurisdiction over the plaintiff's complaint due to the Rooker-Feldman doctrine, as the claims are inextricably intertwined with a prior state court judgment.
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S.D. Fla.·
2022-09-29
The court granted in part and denied in part the defendant's motion in limine and motion to strike, excluding certain untimely disclosed evidence and witnesses while denying other requests.
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M.D. Fla.·
2022-09-28
The court held that the plaintiff's civil rights claim was time-barred because it accrued more than four years before the action was filed.
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M.D. Fla.·
2022-09-21
The court held that the third amended complaint, while containing some problematic incorporations, was not entirely a shotgun pleading, and granted dismissal in part while denying it in part, striking specific paragraphs rather than entire causes of action in most instances.
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M.D. Fla.·
2022-09-19
A prisoner's pro se complaint alleging a supervisor failed to adequately train officers is insufficient to state a claim under 42 U.S.C. § 1983 without specific factual allegations showing the supervisor's personal participation or a causal connection between the supervisor's act
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A federal district court rejected most of the defendants' summary judgment motions and allowed the case to proceed to trial in a civil rights action stemming from John Blessing's arrest at a 2016 Pearl Jam concert, finding genuine disputes of material fact regarding whether polic
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M.D. Fla.·
2022-09-12
A motion to transfer venue within a district under 28 U.S.C. § 1404(a) and Local Rule 1.04(b) was denied because the moving party failed to demonstrate that the convenience factors weighed in favor of transfer, and an intra-district transfer under § 1404(b) requires consent of al
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M.D. Fla.·
2022-09-06
The court held that claims against supervisor Inch were dismissed for failure to state a plausible claim, but claims against officers Swain and Godwin were allowed to proceed, denying their motion for qualified immunity.