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.·
2019-08-23
The court held that the plaintiff's claims were time-barred by the statute of limitations because the injury should have been apparent at the time of the alleged illegal search, not when the plaintiff later discovered additional evidence.
-
The court held that the plaintiff failed to state a claim for violation of his constitutional rights under Section 1983, as his allegations lacked factual support and did not identify a fundamental right or constitutionally inadequate process.
-
N.D. Fla.·
2019-06-16
The court held that deputies are entitled to summary judgment on federal and state claims, and the sheriff is entitled to summary judgment on federal claims, but state claims against the sheriff present complex issues warranting remand.
-
273 So. 3d 227·
Fla. 1st DCA·
2019-05-21
An amended complaint raising new legal theories or federal claims can relate back to an original pleading if it arises from the same conduct and transaction and gives defendants fair notice of the factual underpinnings, even if the legal theory changes. A remand for "further proc
-
11th Cir.·
2019-03-12
The court held that school officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights. Therefore, the district court's grant of summary judgment is affirmed.
-
The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
-
31 La. 184·
M.D. Fla.·
2018-08-24
The court held that Sheriff Gibson was not a final policymaker regarding Lopez's demotion because the Career Service Appeals Board provided meaningful administrative review, thus precluding municipal liability under § 1983.
-
249 So. 3d 1323·
Fla. 1st DCA·
2018-07-25
Section 194.171(5) and (6), Florida Statutes make it a jurisdictional requirement that all taxes assessed in years after an action is brought must be paid before delinquency. When a taxpayer fails to pay subsequent years' taxes before delinquency, the trial court loses subject ma
-
The court held that evidence of the underlying facts of the arrest and the plaintiff's drug use at the time are admissible.
-
Del. Super. Ct.·
2017-10-11
The Court granted Plaintiffs' Motion to Amend the Complaint, allowing them to add new defendants and a new claim. The Court found that the amendments satisfied the requirements of Delaware Superior Court Civil Rule 15, including the relation back provisions, and that justice requ
-
The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
-
Del. Super. Ct.·
2017-03-22
The Superior Court of Delaware held that Section 1983 claims brought in state court must meet the plausibility standard, requiring specific factual allegations to support the claim. The court also affirmed that state law personal injury claims against state employees are barred b
-
Appellant former Mayor Zuccarelli was found liable by jury for selectively enforcing town ordinances against the plaintiffs in violation of their equal protection rights, resulting in a $1.1 million judgment. The appellate court reversed, finding no competent substantial evidence
-
Del. Ch.·
2016-05-05
The court granted the defendants' motion to dismiss, finding that the plaintiffs' claims were time-barred by the applicable statutes of limitations and that no tolling doctrines applied. The court determined that the plaintiffs were aware of the alleged wrongful acts by 2005 at t
-
187 So. 3d 871·
Fla. 3d DCA·
2016-02-24
Three DCF employees appeal orders denying their motions to dismiss § 1983 civil rights claims brought on behalf of two adopted children who alleged the employees failed to properly investigate and follow up on abuse reports. The court reversed dismissals as to G.K.'s claims again
-
The court denied in part and granted in part the defendants' motion to dismiss. The court found that res judicata did not apply, that a statute allowing warrantless seizure of dangerous dogs did not override constitutional protections, and that Mrs. Smith was collaterally estoppe
-
The court granted summary judgment for the defendants, finding no genuine dispute of material fact regarding the plaintiff's claims of age and race discrimination.
-
S.D. Fla.·
2015-02-04
The court held that Officer Lopez is entitled to qualified immunity, but Officer Baron is not, as his repeated taser deployments may have violated clearly established law regarding excessive force.
-
The court held that the plaintiff's amended complaint was a shotgun pleading and that the defendants were entitled to absolute immunity for their quasi-judicial actions in investigating the plaintiff's discrimination claim.
-
-
The court held that the plaintiff's allegations were sufficient to state a claim for deliberate indifference to serious medical needs under § 1983 against the nurse defendants and the Sheriff, and therefore denied the motions to dismiss.
-
M.D. Fla.·
2014-03-06
The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
-
855 F. Supp. 2d 857·
S.D. Fla.·
2013-12-04
-
55 Fair Empl. Prac. Cas. (BNA) 1379·
S.D. Fla.·
2013-05-08
-
191 F. Supp. 2d 154·
S.D. Fla.·
2012-12-21
The court held that Amerisure has no duty to defend or indemnify Epoch because the deceased worker was a statutory employee of Epoch, triggering workers' compensation and employer's liability exclusions in the insurance policy.
-
The court granted summary judgment in favor of the State Defendants, finding that the plaintiff failed to establish genuine issues of material fact on any of his claims. The court determined that the alleged conduct did not rise to the level of intentional infliction of emotional
-
823 F. Supp. 2d 1298·
S.D. Fla.·
2011-11-01
The court held that the officers were entitled to qualified immunity because their actions were objectively reasonable and did not violate the plaintiff's constitutional rights.
-
The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
-
790 F. Supp. 2d 1368·
N.D. Fla.·
2011-06-10
The court held that the plaintiff's complaint stated a plausible claim under 42 U.S.C. § 1983 for a First Amendment violation, thus denying the defendant's motion to dismiss.
-
The court held that the City of Miami Beach cannot be held vicariously liable for the alleged sexual battery committed by an officer, as such acts fall outside the course and scope of employment under Florida law.
-
-
775 F. Supp. 2d 1344·
M.D. Fla.·
2011-03-14
The court held that the plaintiff adequately alleged state action under the public function test and that the defendants' alleged failures constituted a deprivation of the child's constitutional right to physical safety, thus denying the motion to dismiss.
-
724 F. Supp. 2d 1240·
S.D. Fla.·
2010-07-19
The court held that summary judgment was inappropriate for certain claims, allowing them to proceed to trial, while granting it for others.
-
The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
-
716 F. Supp. 2d 1165·
M.D. Fla.·
2010-05-07
The court held that officers were not entitled to qualified immunity for the § 1983 claim because they lacked arguable probable cause to arrest the plaintiff, but the plaintiff failed to establish a bona fide termination of proceedings for his malicious prosecution claim.
-
692 F. Supp. 2d 1343·
M.D. Fla.·
2010-02-12
The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
-
684 F. Supp. 2d 1365·
S.D. Fla.·
2010-02-12
The court held that the plaintiff's speech was off-campus and protected, and that the defendant was not entitled to qualified immunity for suspending her.
-
612 F. Supp. 2d 1255·
S.D. Fla.·
2009-04-10
The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
-
The court held that the Chief Judge is entitled to qualified immunity because he acted within his discretionary authority and did not violate clearly established constitutional rights, and the plaintiff lacks standing.
-
The officers are not entitled to qualified immunity because their use of force was excessive and violated the Fourth Amendment, and the right was clearly established.
-
The court held that a prisoner's civil rights complaint seeking compensatory damages is barred by the Prison Litigation Reform Act if the prisoner fails to allege a physical injury.
-
566 F. Supp. 2d 1334·
M.D. Fla.·
2008-07-15
The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
-
Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
-
The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
-
548 F. Supp. 2d 1281·
N.D. Fla.·
2008-03-11
The court granted summary judgment for the defendant, finding he was entitled to qualified immunity because he acted within his discretionary authority and the plaintiff failed to establish a violation of constitutional rights.
-
536 F. Supp. 2d 1301·
S.D. Fla.·
2008-02-26
The court held that officers had arguable probable cause for the arrest, entitling them to qualified immunity, and thus dismissed the federal claims.
-
The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
-
Del. Ch.·
2008-02-06
The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
-
195 F. Supp. 713·
S.D. Fla.·
2008-01-28
The court granted the defendant's motion to dismiss the Eighth Amendment claim and strike the punitive damages claim due to the plaintiff's failure to properly respond.
-
499 F. Supp. 2d 1299·
M.D. Fla.·
2007-08-13
The court affirmed the grant of summary judgment, holding that while there was a jury question regarding deliberate indifference to the plaintiff's post-operative care by Halifax employees, the plaintiff failed to establish municipal liability due to lack of policy or custom, and