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.·
2020-01-09
The court held that the plaintiff's complaint was legally frivolous and failed to state a claim upon which relief could be granted, warranting dismissal.
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The court held that the plaintiff's amended complaint was a shotgun pleading and failed to comply with the Federal Rules of Civil Procedure, warranting dismissal.
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M.D. Fla.·
2020-01-02
The court held that the plaintiff failed to allege facts sufficient to state a substantive due process claim under the Fourteenth Amendment, as the alleged conduct did not rise to the level of conscience-shocking.
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The court held that the Fort Myers Police Department is not a legal entity capable of being sued and granted dismissal, but allowed the plaintiff to amend the complaint to name a proper party.
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The court held that the plaintiff failed to state a claim under Section 1983 because he did not allege facts showing a deprivation of a constitutional right or municipal liability.
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M.D. Fla.·
2019-12-23
The court held that 18 U.S.C. § 3509(d) does not create a federal right enforceable under 42 U.S.C. § 1983 and does not impose a statutory duty for state law negligence claims, leading to dismissal of those claims.
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M.D. Fla.·
2019-12-20
The court held that the Rooker-Feldman doctrine barred federal jurisdiction over claims challenging state court judgments, and thus dismissed federal claims with prejudice and declined supplemental jurisdiction over state law claims.
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The court held that the amended complaint failed to state a claim and that the defendant was entitled to qualified immunity, but granted the plaintiff one final opportunity to amend.
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The court held that the Florida Department of Corrections is an arm of the state and thus not a "person" subject to suit under 42 U.S.C. § 1983. Furthermore, the plaintiff failed to adequately allege a failure to train claim against the FDOC as a governmental entity.
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The court held that the plaintiffs failed to sufficiently plead claims for negligent supervision/training and violation of 42 U.S.C. § 1983, even after multiple opportunities to amend their complaint.
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M.D. Fla.·
2019-12-06
The court held that the plaintiff's amended complaint failed to state a claim for malicious prosecution and dismissed it without prejudice, granting leave to amend, and denied the motion for default judgment as premature.
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M.D. Fla.·
2019-12-05
The court held that the removal of the case to federal court was procedurally defective because not all defendants timely consented to the removal, thus the motion to remand is granted.
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M.D. Fla.·
2019-12-04
The court held that a motion to strike is not applicable to a motion to dismiss or for summary judgment, and that a motion for summary judgment filed before adequate discovery is premature and should be denied without prejudice.
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S.D. Fla.·
2019-12-02
The court granted the motion to dismiss, finding the amended complaint to be an improper shotgun pleading and that the defendants were entitled to qualified immunity.
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The court held that the plaintiff failed to state a claim for municipal liability under § 1983 due to lack of factual support for a policy or custom, but the state law claims against the City could proceed as sufficient facts were alleged to support the officer acting in good fai
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The Court denied the Sheriff's motion to dismiss claims of municipal liability, battery, and false imprisonment, finding the complaint sufficiently alleged facts to state plausible claims.
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M.D. Fla.·
2019-11-25
The court granted the motion to dismiss, finding the Eighth Amendment claim mispled and the Fourteenth Amendment claim inadequately alleged, but granted the plaintiff leave to amend.
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M.D. Fla.·
2019-11-22
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief against the defendants and dismissed it without prejudice, with specific dismissals with prejudice for certain parties.
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The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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The court granted the motion to dismiss, finding that while the plaintiff adequately alleged excessive force, the § 1983 claim against the county failed for lack of a pleaded policy or custom causing the violation.
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M.D. Fla.·
2019-11-06
The court held that the plaintiff failed to state an Eighth Amendment claim for failure to protect against most defendants but allowed the failure-to-intervene claim against one defendant to proceed.
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S.D. Fla.·
2019-11-05
The court held that a pro se plaintiff's complaint must be dismissed without prejudice for failing to state a claim upon which relief can be granted, and the motion to proceed in forma pauperis is denied as moot.
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The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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Deputy Kasey Wingo sought summary judgment on various claims arising from two arrests of Robert Harris in 2014 and 2016, but the court granted the motion only in part. For the April 2014 arrest, the court found that disputed facts precluded summary judgment on false arrest, malic
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The court adopted the magistrate judge's recommendation to deny the application to proceed in forma pauperis and dismiss the amended complaint.
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M.D. Fla.·
2019-10-31
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs against the defendant nurse, and thus the defendant was entitled to qualified immunity.
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M.D. Fla.·
2019-10-30
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 for denial of access to the law library or exercise, and failed to allege supervisory liability.
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S.D. Fla.·
2019-10-28
The court held that the plaintiff failed to state a claim upon which relief could be granted for his federal constitutional and state law claims, granting the defendants' motion to dismiss.
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M.D. Fla.·
2019-10-28
The court held that the plaintiff failed to exhaust administrative remedies for his claims against Defendant Lindboe, requiring dismissal of those claims.
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M.D. Fla.·
2019-10-25
The court held that the plaintiff failed to allege facts sufficient to state a claim for a substantive due process violation under 42 U.S.C. § 1983, as the alleged conduct did not rise to the level of "conscience-shocking."
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M.D. Fla.·
2019-10-24
The court held that the plaintiff's amended civil rights complaint was inadequate and required a second amended complaint to properly set forth his claims.
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S.D. Fla.·
2019-10-10
Three minors represented in a class action alleging civil rights violations and Americans with Disabilities Act claims against a school district and county sheriff reached a settlement, and the court awarded prevailing party attorneys' fees and costs totaling $420,683.53, rejecti
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S.D. Fla.·
2019-10-09
The court held that a default judgment was appropriate and awarded compensatory damages for pain and suffering due to deliberate indifference to a serious medical need.
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M.D. Fla.·
2019-10-08
The court granted plaintiffs' motion for certification and entry of judgment pursuant to Federal Rule of Civil Procedure 54(b) to allow immediate appeal of the qualified immunity ruling.
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M.D. Fla.·
2019-10-08
The court dismissed the complaint without prejudice because it was incomplete and could not be fully assessed.
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S.D. Fla.·
2019-10-01
The court held that the plaintiff's complaint fails to state a claim upon which relief can be granted and is therefore dismissed without prejudice.
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The court held that the officer was entitled to qualified immunity because his use of a K-9 was objectively reasonable under the circumstances and the law was not clearly established regarding the specific facts presented.
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M.D. Fla.·
2019-09-27
The court granted dismissal for Defendant Morales on all claims and for Defendant Stewart on the Fourteenth Amendment and retaliation claims, but denied dismissal for Stewart on the First Amendment Free Exercise claim.
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M.D. Fla.·
2019-09-24
The court held that the plaintiff's amended complaint was deficient and required further amendment to meet pleading standards.
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M.D. Fla.·
2019-09-23
The court held that summary judgment was not appropriate as genuine issues of material fact existed regarding deliberate indifference to serious medical needs.
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The court held that the plaintiff's motion to proceed in forma pauperis is moot because the amended complaint fails to state a claim.
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M.D. Fla.·
2019-09-16
A plaintiff cannot state a claim under 42 U.S.C. § 1983 based on a defendant's refusal to investigate or prosecute another individual for perjury, as such decisions are within prosecutorial discretion and not actionable.
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S.D. Fla.·
2019-09-16
Summary judgment is granted for Dr. Castillo and the corporate defendants (Wexford and Corizon), but denied as to claims against Dr. Caraballo and Nurse Loznicka.
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M.D. Fla.·
2019-09-11
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against either defendant, warranting dismissal.
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The court held that the plaintiff failed to present evidence of a pattern of constitutional violations or a deliberate indifference by the Sheriff to establish a failure to train claim under § 1983, and that the absence of a specific policy to segregate detainees did not amount t
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S.D. Fla.·
2019-09-10
The court denied the plaintiff's motion to proceed anonymously, finding that the plaintiff failed to demonstrate a substantial privacy right that outweighs the presumption of openness in judicial proceedings.
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M.D. Fla.·
2019-09-05
The court held that a prisoner's claim for damages arising from a disciplinary proceeding is not cognizable under 42 U.S.C. § 1983 unless the disciplinary action has been invalidated.
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S.D. Fla.·
2019-08-30
The Court adopts the Magistrate Judge's Report and Recommendation, allowing all of the Plaintiff's claims to proceed.
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M.D. Fla.·
2019-08-29
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983 and was subject to dismissal.
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M.D. Fla.·
2019-08-27
The court held that the plaintiff inmate had properly exhausted administrative remedies, and therefore, the defendant's motion to dismiss based on failure to exhaust was denied.