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.·
2020-05-29
A judge is entitled to absolute judicial immunity from damages and relief for actions taken in their judicial capacity, even if acting maliciously or in excess of authority, unless acting in the clear absence of all jurisdiction.
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The court held that the complaint fails to state a claim upon which relief can be granted and is subject to dismissal under the PLRA.
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M.D. Fla.·
2020-05-27
The court held that the plaintiffs plausibly alleged an equal protection claim against the City for selective enforcement of a facially neutral ordinance.
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M.D. Fla.·
2020-05-27
The court held that while probable cause existed for the arrest, the plaintiff plausibly alleged excessive force and battery claims against the individual officers, but failed to state claims against the city for municipal liability or conspiracy.
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M.D. Fla.·
2020-05-26
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was frivolous.
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M.D. Fla.·
2020-05-26
A pretrial detainee's claim of denial of access to courts fails when he voluntarily waives his right to court-appointed counsel and proceeds pro se, as the offer of counsel satisfies the constitutional requirement.
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M.D. Fla.·
2020-05-20
The court held that a prevailing party must demonstrate the necessity and purpose of copying costs under 28 U.S.C. § 1920, and conclusory statements are insufficient.
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M.D. Fla.·
2020-05-20
The court held that a prisoner cannot bring a federal civil action for mental or emotional injury without a prior showing of physical injury, and that claims against a state official in her official capacity require showing a policy or custom caused the injury.
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The court held that genuine issues of material fact exist regarding the excessive force claim, precluding summary judgment, and that officers are not entitled to qualified immunity based on the plaintiff's version of events. Summary judgment was granted for the failure to interve
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The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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S.D. Fla.·
2020-04-30
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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Prison inmate Jean-Denis sued corrections sergeant Tate and physician Aviles under 42 U.S.C. § 1983, alleging that Tate deprived him of meals and water while on self-harm observation status at a Florida prison and that Aviles denied him proper medical treatment for resulting inju
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The court held that the plaintiff's second amended complaint sufficiently pleaded claims for excessive force and supervisory liability, meeting federal pleading standards.
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The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
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The court held that the defendants' motion to revoke the plaintiff's in forma pauperis status and dismiss the case under the PLRA's 'three strikes' provision must be denied.
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M.D. Fla.·
2020-04-14
The court held that the plaintiff failed to adequately plead race discrimination and retaliation claims against Defendant Baker because she did not allege sufficient facts to show discriminatory motive or a causal connection between protected activity and adverse action. The cour
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The court held that claims against deputies were dismissed as shotgun pleading, certain claims against the Sheriff were dismissed for lack of private right of action or capacity, but the Section 1983 claim against the Sheriff for a custom of excessive force could proceed.
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A prisoner with three or more prior dismissals for frivolousness, maliciousness, or failure to state a claim, who is not under imminent danger, must pay the filing fee upfront and is barred from proceeding in forma pauperis.
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M.D. Fla.·
2020-03-24
An inmate sued two Florida State Prison supervisors under 42 U.S.C. § 1983, alleging they violated his Eighth and Fourteenth Amendment rights by forcing him to work in a wastewater treatment plant without adequate protective equipment, which allegedly caused him serious facial an
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M.D. Fla.·
2020-03-23
The court held that prosecutorial immunity does not apply to sworn statements made in an affidavit, Eleventh Amendment immunity does not bar individual capacity claims, and a negligent supervision claim is sufficiently pled. However, Fourth Amendment claims based on private searc
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M.D. Fla.·
2020-03-23
Grantley, an inmate, brought a Section 1983 civil rights action alleging that medical staff at Florida State Prison were deliberately indifferent to his serious medical needs—including failure to remove sutures from his left arm and failure to provide pain medication—following a
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The court held that the plaintiff's excessive force claims are not barred by Heck, but claims for injunctive and declaratory relief are moot, and monetary damages against defendants in their official capacities are barred by Eleventh Amendment immunity.
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The court held that the Second Amended Complaint constituted an impermissible shotgun pleading and was dismissed without prejudice, granting the plaintiff an opportunity to file a Third Amended Complaint.
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S.D. Fla.·
2020-03-12
A pro se plaintiff's complaint is dismissed if it fails to state a claim upon which relief can be granted, even with liberal construction.
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S.D. Fla.·
2020-03-11
The court held that leave to amend a complaint should be denied if the amendment would be futile.
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The court held that probable cause existed for the arrest, thus dismissing false arrest and malicious prosecution claims, but denied dismissal for excessive force claims due to allegations of unreasonable force against an elderly individual. The court also found that an adjudicat
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The court held that the defendants failed to demonstrate that the plaintiff's alleged injuries were de minimis as a matter of law, thus denying their motion for partial summary judgment.
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The court held that the plaintiff failed to state an access to courts claim and that claims based on 2011 actions were time-barred, but the equal protection claim could proceed.
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The court held that the officers were not entitled to qualified immunity at the pleading stage for the false arrest claim, and the Sheriff was not entitled to dismissal of the § 1983 municipal liability, battery, and false arrest claims.
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S.D. Fla.·
2020-03-04
The court held that the deputies were entitled to qualified immunity for the stop and arrest, but not for the initial search of the truck. The claims regarding the stop and arrest were dismissed without prejudice, while the claim regarding the initial search was allowed to procee
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The court held that the plaintiff's complaint plausibly alleged sufficient facts to survive a motion to dismiss, denying the defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
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The court held that a pro se plaintiff's complaint alleging a violation of 42 U.S.C. § 1983 for an arrest outside jurisdictional limits must be dismissed if the arrest was made in fresh pursuit, as this exception negates the claim.
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M.D. Fla.·
2020-02-20
The court held that the plaintiff failed to state claims for relief under various constitutional amendments and statutes due to vague allegations, failure to meet legal standards, and statutory limitations.
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M.D. Fla.·
2020-02-20
The court held that the pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 because it lacked sufficient factual allegations to establish a constitutional violation and standing.
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M.D. Fla.·
2020-02-19
The court held that the plaintiff failed to allege sufficient facts to support her claims of race discrimination, retaliation, § 1983, and § 1981, and improperly lumped defendants together.
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M.D. Fla.·
2020-02-18
The court held that the plaintiff failed to state a claim under Section 1983 because his allegations did not plausibly suggest a deprivation of constitutional rights.
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M.D. Fla.·
2020-02-14
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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S.D. Fla.·
2020-02-12
The court held that a plaintiff cannot use discovery to identify fictitious defendants when the claims against the primary defendants are dismissed.
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M.D. Fla.·
2020-02-11
The court held that the defendant officer was entitled to qualified immunity on all claims because he had at least arguable reasonable suspicion for the investigatory stop and arguable probable cause for the arrest, and his use of force was objectively reasonable.
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S.D. Fla.·
2020-02-10
The district court properly granted the defendants' motion to dismiss and dismissed the plaintiff's complaint with prejudice. The plaintiff's objections to the magistrate judge's report and recommendation were untimely and failed to raise new arguments. The court found that the j
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The district court adopted the magistrate judge's report and recommendation, granting summary judgment for all defendants and closing the case.
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The court held that the evidence was legally insufficient to support a finding of excessive force because the force used was de minimis and the injuries were minor.
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The court held that the defendant was entitled to qualified immunity because the plaintiff failed to demonstrate deliberate indifference to his serious medical needs and had not exhausted administrative remedies.
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The court held that a plaintiff's failure to prosecute and comply with court orders warrants dismissal of the case without prejudice.
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S.D. Fla.·
2020-01-31
The court adopted the magistrate's report recommending denial of summary judgment for certain officers on excessive force and failure-to-intervene claims, while granting summary judgment for nurse defendants.
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S.D. Fla.·
2020-01-29
The court held that the plaintiff's complaint must be dismissed without prejudice because he is a 'three striker' and must pay the filing fee, and he does not qualify for the imminent danger exception.
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The court held that the plaintiff sufficiently stated claims for racial and national origin discrimination under Title VII and the Florida Civil Rights Act, but failed to sufficiently plead claims for retaliation and a § 1983 violation.
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The court granted summary judgment for the defendants, finding no evidence of constitutional violations or state law claims sufficient to overcome qualified immunity or Monell liability.
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M.D. Fla.·
2020-01-23
A prisoner must properly exhaust all available administrative remedies before filing a § 1983 claim, and failure to resubmit an appeal after it was returned without action constitutes a failure to exhaust.
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M.D. Fla.·
2020-01-13
The court held that the plaintiff's second amended complaint was dismissed because it continued to suffer from pleading deficiencies, including being a shotgun pleading and failing to state a viable federal claim.