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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S.D. Fla.·
2021-06-18
The court held that the plaintiff failed to exhaust administrative remedies as required by the PLRA, and thus his complaint was dismissed.
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S.D. Fla.·
2021-06-11
The Court adopts the Magistrate Judge's recommendation to dismiss the complaint without prejudice, finding that Younger abstention applies.
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S.D. Fla.·
2021-06-10
The court held that the statute of limitations barred the unreasonable search and seizure claim, supervisory liability claims against Truntz and Ortiz failed, and the malicious prosecution claim was inadequately pleaded. However, the statute of limitations did not bar the false a
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A visually impaired inmate filed a civil rights action under 42 U.S.C. § 1983 alleging that a correctional sergeant used excessive force by spraying chemical agent directly into his surgically repaired eyes despite his nonresistance, and that the warden was deliberately indiffere
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M.D. Fla.·
2021-06-01
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Jacksonville Sheriff's Office or Sheriff Mike Williams, either individually or in his official capacity.
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M.D. Fla.·
2021-05-28
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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M.D. Fla.·
2021-05-26
The court held that the plaintiff failed to adequately state claims for false arrest, imprisonment, and violation of a Florida statute, and that the Sheriff's Office is not a suable entity.
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M.D. Fla.·
2021-05-24
The court held that the plaintiff's claims were either barred by Heck v. Humphrey or insufficiently pleaded, warranting dismissal.
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The court held that a state agency is not a 'person' under § 1983, but claims against a supervisor can proceed if there's a causal connection. Claims against one warden were dismissed without prejudice, while claims against another were allowed to proceed.
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The court held that the plaintiff failed to state a claim against the City for failure to train, supervise, or hire, and that the claim for punitive damages against the officer was conclusory and should be struck.
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M.D. Fla.·
2021-05-20
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 the plaintiff failed to establish a substantial likelihood of success on the merits for his claims under Title II and Title VI, and therefore denied his motion for a temporary restraining order and preliminary injunction.
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S.D. Fla.·
2021-05-07
The court held that the plaintiff's complaint was insufficient to state a claim upon which relief could be granted and was therefore dismissed without prejudice.
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M.D. Fla.·
2021-05-07
The court held that claims against state agencies are barred by sovereign immunity and dismissed for lack of subject matter jurisdiction, and that the complaint suffered from pleading defects, including shotgun pleading.
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M.D. Fla.·
2021-05-06
The court held that the plaintiff's complaint must be dismissed because he sued an entity not amenable to suit and failed to state a claim for deliberate indifference, nor did he exhaust administrative remedies.
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M.D. Fla.·
2021-05-04
The court held that the Facility Administrator did not violate a detainee's right to marriage because the Administrator did not create an impediment to the marriage license, and the Clerk's office, not the Administrator, was responsible for issuing the license.
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The court denied both parties' motions for summary judgment, finding genuine disputes of material fact regarding the existence of similarly situated comparators and the rational basis for the City's enforcement actions.
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The court held that the plaintiff failed to adequately plead a First Amendment retaliation claim under § 1983 because the alleged retaliatory conduct would not deter a person of ordinary firmness and the temporal proximity was too attenuated to infer a causal connection.
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The court held that the arrest report could not be considered on a motion to dismiss because it was not attached to the complaint and its contents were disputed. The court also found that the plaintiff's allegations, if true, stated a claim for excessive force against Officer Gon
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M.D. Fla.·
2021-04-22
The court held that the case should be dismissed for lack of prosecution and because the named defendant, a jail facility, is not a legal entity amenable to suit.
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The court held that the plaintiff sufficiently alleged supervisory liability against Sheriff Roberts and denied qualified immunity at the pleading stage, but granted in part the motion to strike punitive damages and attorney's fees claims.
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M.D. Fla.·
2021-04-16
The court held that a sheriff's office is not a legal entity amenable to suit under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a prior showing of physical injury.
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The court held that the proper venue for the plaintiff's civil rights complaint was the Middle District of Florida, not the Eastern District of Michigan.
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M.D. Fla.·
2021-04-09
The court held that the complaint sufficiently alleged a policy or custom of deliberate indifference to medical needs, and therefore denied the sheriff's motion to dismiss on those grounds, deferring the issue of causation.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without alleging a physical injury.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a suable entity under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a physical injury. The court dismissed the case without prejudice, allowing the plaintiff to refile with a proper d
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M.D. Fla.·
2021-04-08
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under § 1983 and that a claim for mental or emotional injury without physical injury is barred by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and a prisoner cannot bring a claim for mental or emotional injury without alleging a physical injury.
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The court held that the plaintiff failed to state a claim upon which relief could be granted and dismissed the complaint without prejudice, granting leave to amend.
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S.D. Fla.·
2021-03-31
The court held that a pro se prisoner's complaint, which failed to state a claim and did not include payment of the filing fee or a request to proceed in forma pauperis, must be dismissed.
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M.D. Fla.·
2021-03-30
The PLRA's three-strikes provision does not apply to cases initiated in state court and removed to federal court by defendants, and sheriff's offices/jails are not suable entities under Florida law.
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M.D. Fla.·
2021-03-30
The court held that a pro se plaintiff's repeated failure to comply with court orders and prosecute his case, despite multiple extensions and warnings, warranted dismissal without prejudice under Rule 41(b) and the court's inherent power.
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S.D. Fla.·
2021-03-26
The court denied the plaintiff's motion for reconsideration because he failed to present new evidence, demonstrate a change in controlling law, or show clear error, and instead attempted to relitigate previously decided issues.
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S.D. Fla.·
2021-03-22
The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
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M.D. Fla.·
2021-03-19
The court held that the plaintiff failed to state a plausible claim for relief under the Fifth or Fourteenth Amendments, and thus the complaint was properly dismissed under the PLRA.
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M.D. Fla.·
2021-03-17
The personal representatives of a deceased prisoner sued corrections officers and medical staff at a Florida prison for allegedly depriving the inmate of adequate food, medical care, and mental health treatment in violation of his constitutional rights. The court denied summary j
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N.D. Fla.·
2021-03-17
A state legislator blocked a private citizen from his official social media accounts in response to criticism of his legislative votes, and the court held that while the official capacity claim failed, the individual capacity First Amendment claim proceeded to trial because a fac
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The District Court granted the defendant's motion to strike or dismiss the plaintiff's requests for injunctive and declaratory relief. The court held that expungement of arrest records is not cognizable through a Section 1983 action against an individual officer, as Florida law l
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M.D. Fla.·
2021-03-11
The court held that claims challenging the validity of an underlying conviction are barred by Heck v. Humphrey, but claims that do not necessarily invalidate the conviction may proceed. Recusal was denied as there was no reasonable doubt about the judge's impartiality.
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M.D. Fla.·
2021-03-10
The court held that a county jail facility is not a legal entity amenable to suit under 42 U.S.C. § 1983, and thus the complaint fails to state a claim.
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M.D. Fla.·
2021-03-03
The court held that the pro se plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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The court held that the plaintiff inmate failed to exhaust administrative remedies because his self-serving and unsupported claims of destroyed grievances lacked credibility.
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M.D. Fla.·
2021-03-01
Prison inmate Mack Tedder sued the Florida Department of Corrections and PRIDE Enterprises for alleged discrimination in hiring decisions for a prison dental laboratory position, claiming violations of the Fourteenth Amendment's Equal Protection Clause, Title VII, the ADA, and Fl
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Vernon Speak, a former detective-sergeant with the Hendry County Sheriff's Office, sued Sheriff Steve Whidden for retaliating against him after he reported the Sheriff's alleged improper interference in a hit-and-run investigation, claiming violations of Florida's Whistleblower A
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The court held that a pro se prisoner's complaint alleging the existence of 'mind reading machines' used by a jail is frivolous and fails to state a claim upon which relief can be granted.
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The court adopted in part and rejected in part the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint as a shotgun pleading and several of his claims.
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M.D. Fla.·
2021-02-18
The court granted in part and denied in part the motion to dismiss, dismissing several state law claims but allowing constitutional claims and malicious prosecution to proceed.