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
-
S.D. Fla.·
2022-04-14
The court held that the plaintiff's complaint must be dismissed because it failed to establish federal subject-matter jurisdiction and did not state a claim upon which relief could be granted.
-
M.D. Fla.·
2022-04-13
The court held that the plaintiffs' complaint was frivolous and dismissed it with prejudice.
-
S.D. Fla.·
2022-04-12
The court held that the amended complaint must be dismissed for failure to establish subject-matter jurisdiction and for failing to meet pleading standards under Federal Rules of Civil Procedure 8(a) and 9(b).
-
S.D. Fla.·
2022-04-06
The court held that the plaintiff's proposed new claims against new defendants were untimely because they did not relate back to the original complaint and were not subject to equitable tolling or delayed accrual.
-
N.D. Fla.·
2022-03-31
The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
-
S.D. Fla.·
2022-03-29
Artists McGriff, Yearwood, Jackson, and Guerrero contracted with Miami Beach to create and curate art installations for the ReFrame Miami Beach cultural programming event during Memorial Day weekend 2019, including an installation called "I See You, Too" that featured a memorial
-
The court held that the defendants are not entitled to summary judgment based on qualified immunity for the unreasonable search claim because there was no genuine issue of material fact supporting the emergency aid exception to the warrant requirement.
-
The court held that the defendant detective was entitled to qualified immunity because probable cause existed to arrest the plaintiff, and therefore the plaintiff failed to state a claim for malicious prosecution under the Fourth Amendment.
-
Pro se plaintiff James R. Leach sued Sarasota County Sheriff deputies for excessive force, First Amendment retaliation, and malicious prosecution arising from his arrest for felony driving with a suspended license in February 2017. The federal district court granted summary judgm
-
The court held that the plaintiff's claims were legally insufficient and factually baseless, warranting dismissal.
-
Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
-
M.D. Fla.·
2022-03-21
The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted.
-
N.D. Fla.·
2022-03-21
The court adopted the magistrate judge's recommendation to dismiss the case for lack of subject-matter jurisdiction.
-
M.D. Fla.·
2022-03-16
Prison inmate Jackie Berger sued Florida Department of Corrections officials for retaliation, excessive force, and denial of medical care arising from an alleged beating in Warden Lane's office on October 20, 2020, but the court dismissed his federal civil rights claims because h
-
The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
-
S.D. Fla.·
2022-03-15
The court accepted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss all claims.
-
The court held that the plaintiff, a prisoner with three prior dismissals, cannot proceed in forma pauperis because his alleged injuries do not constitute imminent danger of serious physical injury.
-
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against any of the defendants, either individually or in their official capacities. The court dismissed the complaint with leave to amend.
-
The court held that it lacked subject matter jurisdiction over the claims due to the probate exception and the Rooker-Feldman doctrine, and that the defendant judge was protected by judicial immunity.
-
The court denied plaintiff's motion for sanctions and to compel discovery without prejudice, finding no bad faith or sufficient grounds for sanctions based on the current record.
-
The court held that the county board's decision not to consider a proclamation constituted government speech, not a violation of the First or Fourteenth Amendments or Florida's Sunshine Law. The court also found no private cause of action for violation of the board's internal rul
-
Fla. 1st DCA·
2022-02-16
This case involves a legislative aide suing her representative for First Amendment retaliation after termination. The appellate court reversed the trial court's denial of a motion to dismiss, finding the aide's speech was not protected as a citizen on a matter of public concern.
-
The court granted the City of Vero Beach's motion to dismiss, finding the plaintiff failed to state a claim for municipal liability under § 1983. The court converted the individual defendants' motion to dismiss into a motion for summary judgment.
-
The court granted in part Sheriff Gualtieri's motion for summary judgment, finding that claims against him for battery and false arrest were barred by sovereign immunity because the deputy's actions constituted bad faith, malice, or willful and wanton disregard for the plaintiff'
-
M.D. Fla.·
2022-02-11
The court held that the plaintiff inmate's filing was insufficient to warrant injunctive relief and dismissed the case without prejudice.
-
S.D. Fla.·
2022-02-09
The court held that the plaintiff's application to proceed in forma pauperis was denied and the complaint was dismissed with leave to amend due to deficiencies including failure to comply with IFP requirements and pleading a shotgun complaint.
-
M.D. Fla.·
2022-02-01
The court held that the plaintiff failed to properly exhaust administrative remedies by not complying with the Florida Department of Corrections' grievance procedures, thus requiring dismissal of the case.
-
M.D. Fla.·
2022-02-01
The court held that the estate's negligence claim should not have been dismissed with prejudice for failing to meet presuit screening requirements, as the estate attempted to comply within the statute of limitations.
-
The court held that a § 1983 claim based solely on ADA rights is barred, a failure to plead a similarly situated comparator warrants dismissal without prejudice, and punitive damages are not recoverable against a school board under the ADAAA.
-
S.D. Fla.·
2022-01-31
The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
-
M.D. Fla.·
2022-01-27
The court held that a pro se prisoner's failure to truthfully disclose his prior litigation history, including prior dismissals under the PLRA's 'three strikes rule,' constitutes an abuse of the judicial process and warrants dismissal of the current action as a sanction.
-
S.D. Fla.·
2022-01-24
The court held that the plaintiff's complaint was unintelligible, frivolous, and failed to state a claim upon which relief could be granted.
-
M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
-
Summary judgment is granted for Defendant Gonzalez because the plaintiff's claims against him are unsupported by evidence, and even if the alleged actions occurred, they do not rise to the level of excessive force or outrageous conduct, and qualified immunity applies.
-
M.D. Fla.·
2022-01-07
The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend due to failure to state a claim under 42 U.S.C. § 1983.
-
M.D. Fla.·
2022-01-04
The court held that the plaintiffs failed to state an Eighth Amendment claim against Dr. Pedroza, but sufficiently alleged deliberate indifference against Dr. Salman.
-
The court held that genuine issues of material fact exist regarding whether Lee Memorial Health System had notice of Hechavarria's unfitness and whether its actions constituted deliberate indifference or negligence, thus denying summary judgment.
-
The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
-
M.D. Fla.·
2021-12-16
The court held that claims against defendants in their official capacities and against fictitious John Doe defendants are dismissed, but claims for excessive force and deliberate indifference to medical needs against nineteen individual defendants may proceed.
-
The court held that the plaintiff lacked standing to sue the Federal Secretary under the APA and for declaratory relief because the injury was not redressable. The court also held that the plaintiff had stated a claim against the State Secretary under § 1983 for violating the PPS
-
M.D. Fla.·
2021-12-08
The court held that the plaintiff's complaint was an impermissible shotgun pleading but that amendment would not be futile, thus granting leave to amend.
-
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
-
M.D. Fla.·
2021-12-07
The court held that the plaintiff's second amended complaint failed to state a claim for relief under 42 U.S.C. § 1983, dismissing it without prejudice.
-
M.D. Fla.·
2021-12-03
The court held that the plaintiff's case is dismissed because he misrepresented his prior litigation history, and alternatively, because he failed to exhaust administrative remedies for his claim regarding sutures and failed to state a claim regarding a leaking catheter.
-
M.D. Fla.·
2021-11-18
The court held that the plaintiff's claims under § 1983 were precluded by the ADA's remedial framework, and dismissed ADA claims for failure to state a claim, but granted leave to amend due to plaintiff's pro se status.
-
M.D. Fla.·
2021-11-17
The court held that the defendants are entitled to summary judgment because the plaintiff failed to present evidence of genuine disputes of material fact and the defendants are protected by absolute prosecutorial immunity.
-
The court granted the motion to dismiss, finding it lacked subject matter jurisdiction and that the claims were barred by res judicata.
-
The court held that the plaintiff's false arrest claim under § 1983 could proceed as it alleged a violation of a clearly established Fourth Amendment right, but dismissed the false imprisonment claim under the Fourteenth Amendment as it stemmed from the arrest and should be analy
-
The court held that a pretrial detainee's constitutional right of access to courts is satisfied if he is offered legal counsel and voluntarily proceeds pro se, even if he claims a lack of legal supplies.
-
The court recommended dismissal of the case because the plaintiff failed to comply with court orders, filed a deficient 'shotgun pleading,' and failed to state a plausible claim under 42 U.S.C. § 1983.