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.·
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.
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S.D. Fla.·
2021-02-17
The court held that the plaintiff's application to proceed in forma pauperis was denied due to insufficient documentation, and the complaint was dismissed without prejudice for failing to state a claim and for being a shotgun pleading, with leave to amend.
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A party may file a single, combined brief for responding to opposing summary judgment motions and presenting their own cross-motion for summary judgment, as the substantive standard for evaluating summary judgment is the same for all parties.
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The court granted the defendant's motion to dismiss, finding the county's curfew order was not preempted by state law, not an ultra vires act, and that plaintiffs failed to adequately allege municipal liability for Fourth Amendment violations.
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The court held that the plaintiff's motion to proceed in forma pauperis on appeal and motion for appointment of counsel are denied because the appeal is frivolous and there are no exceptional circumstances warranting counsel.
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M.D. Fla.·
2021-02-10
The court held that the plaintiff inmate failed to exhaust his administrative remedies before filing suit, requiring dismissal.
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S.D. Fla.·
2021-02-08
The court held that the plaintiff's complaint failed to state a claim and was dismissed without prejudice, but granted his application to proceed in forma pauperis.
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The court held that while allegations against some nurses were insufficient, claims against Centurion Doctors, Nurses Morton and Mahoney, and Centurion Administrators, as well as Centurion's policies, could plausibly support a claim for deliberate indifference.
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N.D. Fla.·
2021-02-06
The court held that a prisoner must alert the Department of Corrections to the problem they are grieving, not necessarily identify every individual involved, but that the plaintiff failed to do so regarding Ms. Molsbee.
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A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time permitted by rule. The court has jurisdiction over the appeal.
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M.D. Fla.·
2021-01-29
The court held that genuine issues of material fact exist regarding whether the defendants' proffered nondiscriminatory reasons for the plaintiff's termination were pretextual, thus denying the motion for summary judgment.
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M.D. Fla.·
2021-01-28
The court held that plaintiff plausibly alleged a policy of restricting non-emergency medical treatment against Wexford Health Sources, Inc., but dismissed claims against individual defendants for failure to state a claim or lack of personal involvement.
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M.D. Fla.·
2021-01-25
A judge is entitled to judicial immunity for actions taken in a judicial capacity, even if those actions are later vacated for lack of subject matter jurisdiction.
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The court held that the plaintiff sufficiently alleged deliberate indifference to his serious medical needs following the use of force, but failed to state a claim regarding his initial psychological emergency. Official capacity claims for monetary damages are barred by the Eleve
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S.D. Fla.·
2021-01-11
The court held that a pro se plaintiff's complaint, alleging only that his legal mail was opened, fails to state a claim for relief under 42 U.S.C. § 1983.
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The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
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The court held that the city's New Year's Eve curfew, enacted to mitigate COVID-19 spread, was a constitutional time, place, and manner restriction that did not violate First Amendment rights, and thus denied the plaintiff's motion for a temporary restraining order or preliminary
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The court granted summary judgment for the deputies on the Section 1983 excessive force claims, finding they were entitled to qualified immunity.
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M.D. Fla.·
2020-12-28
The court held that the plaintiff's motion to proceed in forma pauperis should be denied and the case dismissed without prejudice because the complaint failed to state a claim upon which relief could be granted.
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S.D. Fla.·
2020-12-16
The court held that the case must be dismissed due to abstention principles, immunity of state actors, and failure to state a claim upon which relief can be granted.
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S.D. Fla.·
2020-12-08
The court held that a motion for leave to proceed in forma pauperis on appeal must be denied if the appeal is not taken in good faith and fails to meet procedural requirements.
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M.D. Fla.·
2020-12-04
The court denied the motion for injunctive relief and dismissed the case without prejudice because the plaintiff failed to properly initiate a civil rights action and did not demonstrate entitlement to the requested relief.
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The court held that the plaintiff failed to state a plausible claim for a Fourth Amendment violation because the deputies acted under exigent circumstances.
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M.D. Fla.·
2020-12-02
The court held that the plaintiff's Second Amended Complaint was a shotgun pleading and failed to state a claim under 42 U.S.C. § 1983 or state tort law.
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M.D. Fla.·
2020-12-01
The court held that the plaintiff failed to state a plausible claim under the Fourth and Fourteenth Amendments and that abstention was appropriate due to an ongoing state criminal proceeding.
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The court held that a pro se prisoner's complaint against a judge is subject to dismissal under 28 U.S.C. § 1915A for failure to state a claim and for seeking relief from an immune defendant.
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The court held that the expert's testimony should be excluded because his supplemental affidavit was untimely and prejudicial, and his methodology for analyzing shell casings and the victim's actions was unreliable and would not assist the trier of fact.
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The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2020-11-18
The court held that a pro se plaintiff's complaint must be dismissed if it fails to state a claim upon which relief can be granted, even when liberally construed.
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S.D. Fla.·
2020-11-17
The court held that a party waives the psychotherapist-patient privilege by placing their mental condition at issue in litigation, and that medical records related to an involuntary commitment are discoverable when relevant to the claims and defenses, subject to limitations on sc
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M.D. Fla.·
2020-11-13
The court held that Deputy Dunn is not entitled to qualified immunity for the § 1983 false arrest claim, but the Fourteenth Amendment claims against both defendants and the battery claims are dismissed. The court also found the negligent hiring, retention, training, and supervisi
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M.D. Fla.·
2020-11-05
The court held that the amended complaint adding Deputy Pepin as a defendant does not relate back to the original complaint because there was no mistake concerning the proper party's identity, and Florida law generally prohibits adding new parties after the statute of limitations
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The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to insufficient pleading regarding defendants and constitutional violations.
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S.D. Fla.·
2020-10-30
The court adopted the magistrate judge's report and recommendation, dismissing the plaintiff's complaint.
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The court held that the Magistrate Judge's Report and Recommendation was properly adopted, and the Amended Complaint was dismissed for failure to state a claim.
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The court granted in part the motion to dismiss, dismissing the conspiracy claim and the § 1986 claim with prejudice, while denying the motion on other grounds.
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The court held that the County's motion to dismiss the false arrest claim based on sovereign immunity should be denied because the allegations, taken as true, do not conclusively establish that the officers acted in bad faith or with malicious purpose.
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M.D. Fla.·
2020-10-27
A pretrial detainee's claim for denial of medical care must be brought under the Fourteenth Amendment, and requires showing deliberate indifference to a serious medical need, not just supervisory liability.
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M.D. Fla.·
2020-10-20
The court held that the plaintiff's claims were not properly exhausted because he did not pursue all available administrative remedies before filing suit.
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M.D. Fla.·
2020-10-19
The court held that a civilly committed individual's claim that a medical professional denied him medical marijuana for glaucoma fails to state a constitutional claim, as it does not allege a substantial departure from accepted professional judgment.
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M.D. Fla.·
2020-10-14
The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
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S.D. Fla.·
2020-10-14
The court held that while the plaintiff's breach of contract claim was preempted by Section 301 and thus arose under federal law, it would not be reinstated as a Section 301 claim because the plaintiff failed to plead exhaustion of contractual remedies and the claim was not a hyb
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S.D. Fla.·
2020-10-14
The court accepted and adopted the magistrate judge's report, dismissing the plaintiff's complaint without prejudice.
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The court held that the plaintiff's conclusory allegations regarding the amount of food provided were insufficient to state a constitutional claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2020-10-13
The court recommended dismissal of the amended complaint without prejudice because the plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis.
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Peter Vigue, a homeless person, challenged the constitutionality of two Florida statutes that prohibited charitable solicitation on public roadways without a permit, alleging violations of his First Amendment right to free speech. The court ruled that Florida Statutes § 316.2045
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S.D. Fla.·
2020-10-08
A pro se inmate's petition challenging prison conditions, even if styled as a habeas corpus petition, should be construed as a complaint under 42 U.S.C. § 1983 and dismissed for failure to exhaust administrative remedies.
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M.D. Fla.·
2020-10-07
The court held that the plaintiff failed to state claims for denial of access to courts, retaliation, illegal searches, and due process violations, warranting dismissal of the complaint.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against any defendant because his allegations amounted to negligence, not deliberate indifference to serious medical needs, and he did not plead facts establishing an official policy or custom for th
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S.D. Fla.·
2020-10-02
The court held that a successive habeas corpus petition filed without authorization from the court of appeals must be dismissed for lack of jurisdiction.