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 held that Count I must be dismissed because the plaintiff failed to allege the lack of adequate state remedies and that his resignation was voluntary, not a constructive discharge. However, the court found the stigmatizing statements sufficiently attended the alleged di
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S.D. Fla.·
2022-08-30
The court held that a pro se litigant's complaint, which sought damages and a pardon from the President and arose from the denial of a prior motion to vacate, should be construed as a successive motion to vacate under 28 U.S.C. § 2255 and dismissed for lack of subject matter juri
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M.D. Fla.·
2022-08-24
A complaint alleging only negligence by prison officials does not state a claim under 42 U.S.C. § 1983, as it fails to allege a deprivation of a constitutional or federal right.
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The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
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S.D. Fla.·
2022-08-11
The court held that a public defender does not act under color of state law when performing traditional legal functions, thus barring Section 1983 claims against them. The court also declined supplemental jurisdiction over state law malpractice claims.
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The court held that the plaintiff failed to sufficiently allege a municipal custom or policy for the § 1983 claim against the County and failed to allege that Detective Coto had a reasonable opportunity to intervene for the § 1983 claim against him.
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M.D. Fla.·
2022-08-09
A ten-year-old boy with non-communicative autism filed a civil rights lawsuit after being handcuffed and transported to a psychiatric facility by a school resource officer in 2018, claiming violations of the Fourth Amendment, Fourteenth Amendment, and the Americans with Disabilit
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The court found the plaintiff's complaint to be a shotgun pleading, making it impossible to conduct a standing analysis or address the merits of the claims.
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M.D. Fla.·
2022-07-26
The court held that most of the plaintiff's claims, including retaliation and failure to protect, were not plausibly pleaded or were barred by Heck v. Humphrey. However, the retaliation claim against one defendant survived dismissal.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff's claims were fantastic and delusional, failing to state a plausible claim for relief under the PLRA, and that supervisory liability was not sufficiently alleged.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against supervisory officials because he did not allege personal participation or a causal connection between their actions and the alleged constitutional violations.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against the Sheriff, the medical provider, and the jail itself, but granted leave to amend the complaint.
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M.D. Fla.·
2022-07-18
A pretrial detainee's pro se civil rights complaint was dismissed because it failed to state a plausible claim for relief against the defendants.
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Absolute prosecutorial immunity does not protect a prosecutor for failing to take action to cancel a material witness warrant after the judicial proceeding has concluded.
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S.D. Fla.·
2022-07-13
The court held that the plaintiff's 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 plaintiff's allegations of medical malpractice do not rise to the level of a constitutional violation, and thus fail to state a claim for relief under 42 U.S.C. § 1983.
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N.D. Fla.·
2022-07-11
A plaintiff cannot cure a failure to state a claim by adding facts in objections; discovery is not warranted without a sufficient pleading.
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M.D. Fla.·
2022-07-11
The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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S.D. Fla.·
2022-06-29
The court held that a complaint filed in forma pauperis must be dismissed if it fails to state a claim upon which relief can be granted, even when liberally construed for a pro se litigant.
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S.D. Fla.·
2022-06-24
The court held that the wife lacked standing, the husband's claims were barred by Rooker-Feldman and the statute of limitations, and the official-capacity claim failed Monell requirements.
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M.D. Fla.·
2022-06-23
The court denied the plaintiff's motion for injunctive relief and ordered him to file an amended complaint because the original complaint was a "shotgun pleading" that failed to state claims with sufficient specificity.
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The court accepted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Defendants' Bill of Costs.
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The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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M.D. Fla.·
2022-06-21
The court held that the plaintiff's complaint failed to state a claim for failure to train, failure to protect, or negligence under 42 U.S.C. § 1983. The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend.
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M.D. Fla.·
2022-06-14
The court held that the plaintiff's second amended complaint constituted an impermissible shotgun pleading and was dismissed.
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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.·
2022-06-10
The court held that the plaintiff's section 1983 claim was time-barred because it was filed more than four years after the alleged illegal search occurred. Amendment would be futile.
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11th Cir.·
2022-06-10
The court held that a 45-day registration requirement for Passover did not substantially burden an inmate's religious exercise under RLUIPA and that electronic posting of the deadline provided adequate notice under the Due Process Clause.
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M.D. Fla.·
2022-06-08
The court held that claims against state agencies and officers in their official capacities are dismissed due to Eleventh Amendment immunity, and the plaintiff cannot seek criminal charges.
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M.D. Fla.·
2022-06-08
The court held that the plaintiff's claims were ripe for review and that the plaintiff had not sufficiently alleged a 'class of one' equal protection claim because the alleged comparators were not similarly situated.
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The court recommended denying the motion for a preliminary injunction.
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S.D. Fla.·
2022-06-02
The Court adopts in part the Magistrate Judge's Report and Recommendation, dismissing the case without prejudice because the complaint fails to state a claim and the Court lacks jurisdiction over the remaining state law claims.
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M.D. Fla.·
2022-05-27
The court dismissed the case without prejudice for failure to prosecute and comply with court orders, finding no lesser sanction would be adequate.
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The court held that the complaint contained shotgun pleading deficiencies and that certain claims against the Sheriff were barred by statute, warranting dismissal with leave to amend.
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S.D. Fla.·
2022-05-23
The court held that the State of Florida is immune from suit under 42 U.S.C. § 1983, and the plaintiff's claims for injunctive relief and damages are not cognizable under § 1983.
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M.D. Fla.·
2022-05-17
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendants were private entities and the plaintiff did not allege they acted under color of state law.
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11th Cir.·
2022-05-16
The Eleventh Circuit held that the district court erred by dismissing the case instead of remanding it to state court, as the plaintiffs lacked Article III standing, meaning the federal court never had subject matter jurisdiction.
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M.D. Fla.·
2022-05-10
The court held that the case was properly removed to federal court and the amended complaint, being an impermissible shotgun pleading, is dismissed without prejudice with leave to amend.
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S.D. Fla.·
2022-05-06
The court held that a pro se plaintiff's amended complaint must be dismissed because the action is barred by Younger abstention, Heck v. Humphrey, and prosecutorial immunity.
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N.D. Fla.·
2022-05-04
The court held that the Florida E-Filing Authority is an arm of the state and thus immune from suit, but its chair, Rushing, is a proper defendant for injunctive relief. The court also held that Clerk Forman is not a judicial officer for purposes of the FCIA and that docketing co
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The court held that a prisoner's § 1983 claims must not necessarily imply the invalidity of his conviction, and certain defendants are immune or lack capacity to be sued.
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The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
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N.D. Fla.·
2022-05-02
The court held that the defendant is entitled to summary judgment because the plaintiff's disruptive behavior justified exclusion from public libraries and the defendant is protected by qualified immunity.
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M.D. Fla.·
2022-04-28
The court held that the defendant's affirmative defenses were sufficiently pled to put the plaintiff on notice and therefore denied the plaintiff's motion to strike or for a more definite statement.
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M.D. Fla.·
2022-04-28
The court held that the plaintiff inmate failed to state a plausible claim under the Eighth and Fourteenth Amendments against two defendants, and that claims against two other defendants were dismissed for improper venue.
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S.D. Fla.·
2022-04-25
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and thus dismissed the action with prejudice.
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M.D. Fla.·
2022-04-25
The court held that the plaintiff's complaint failed to state a claim for a federal constitutional violation due to insufficient factual allegations of deliberate indifference or denial of access to courts.
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M.D. Fla.·
2022-04-25
The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege a violation of federal law or actual injury, and granted the plaintiff leave to amend.
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S.D. Fla.·
2022-04-20
The court granted in part and denied in part the motion for protective order, requiring disclosure of limited financial information and whether privately owned firearms were used during the incident.
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M.D. Fla.·
2022-04-18
Attorneys are sanctioned under Rule 11 for filing frivolous shotgun pleadings and RICO claims, and under 28 U.S.C. § 1927 for multiplying proceedings in derivative cases by filing shotgun pleadings. Plaintiffs are sanctioned under 42 U.S.C. § 1988 for bringing frivolous § 1983 cl