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M.D. Fla.·
2024-07-19
The court held that genuine issues of material fact preclude summary judgment on the excessive force and assault/battery claims against Defendant North, but granted summary judgment for Defendant Carter on the deliberate indifference claim.
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S.D. Fla.·
2024-07-13
In this case, three innocent bystanders shot by a police officer while sitting in a parked car at a restaurant drive-through sued the officer and county for excessive force and related state law torts. The court denied the officer's motion to dismiss the Fourth Amendment excessiv
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S.D. Fla.·
2024-05-14
The court granted the motion to dismiss, finding that the Sheriff's Office was an improper defendant, official capacity claims were redundant, individual capacity claims against the Sheriff failed for lack of personal involvement, and the remaining claims were barred by qualified
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M.D. Fla.·
2024-03-08
The court held that the deputy's use of a single kick to subdue a suspect who had partially complied but still posed a potential threat was objectively reasonable and did not violate clearly established law, thus granting qualified immunity. The court also found the sheriff immun
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M.D. Fla.·
2024-02-04
The court granted in part and denied in part defendant's motion in limine, excluding certain anticipated evidence and arguments as irrelevant or inadmissible under the Federal Rules of Evidence.
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M.D. Fla.·
2024-01-25
The court held that the plaintiff prisoner's allegations sufficiently pleaded claims for excessive force, failure to intervene, assault, and battery, thus denying the defendants' motions to dismiss based on qualified immunity and failure to state a claim.
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S.D. Fla.·
2024-01-23
The court held that excessive force claims against two deputies may proceed, but claims against medical providers, a supervisor, and the county are dismissed.
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M.D. Fla.·
2024-01-18
The court held that Plaintiff failed to state a plausible conspiracy claim against the nurse defendants, but denied the motion to strike and found Plaintiff had exhausted administrative remedies for the conspiracy claim.
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S.D. Fla.·
2024-01-09
The court held that the City of Miami is entitled to sovereign immunity for the plaintiff's claims, and Officer Davis is entitled to qualified immunity on the First Amendment retaliation claim, but not on the false arrest and excessive force claims.
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M.D. Fla.·
2024-01-03
The court held that the plaintiff failed to state a municipal liability claim against the City of Tampa and that the claim against the chief of police was redundant.
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M.D. Fla.·
2023-12-19
The Court denied the City of Clearwater's motion to dismiss state law claims, finding that sovereign immunity did not apply at this stage and that factual allegations were sufficient to potentially support claims for negligent hiring and retention.
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M.D. Fla.·
2023-09-26
The court held that the plaintiff's allegations sufficiently stated a claim for excessive force and battery, and that the deputy may not be entitled to qualified immunity at this stage. However, the court found that the deputy had arguable probable cause for an investigatory dete
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M.D. Fla.·
2023-07-21
The court held that claims against the Department of Corrections and Secretary Dixon were dismissed for failure to state a claim, but the Eighth Amendment excessive force claim against Officer Baker would proceed.
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M.D. Fla.·
2023-07-07
The court held that the officers' use of force was objectively reasonable under the totality of the circumstances, entitling them to qualified immunity and statutory immunity.
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M.D. Fla.·
2023-07-06
Arthur Scott sued Cape Coral Police Department officers for excessive force and other claims arising from their March 31, 2019 response to a domestic violence call, during which Officer Vazquez tackled him and he suffered a fractured and dislocated hip. The court granted summary
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M.D. Fla.·
2023-06-21
The court held that the amended complaint failed to state a claim because it impermissibly joined unrelated claims and lacked sufficient factual detail to support the excessive force allegations.
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M.D. Fla.·
2023-05-30
The court held that the defendant officer was entitled to qualified immunity because his use of force was reasonable under the circumstances and did not violate clearly established law.
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M.D. Fla.·
2023-05-25
The court held that the FDOC's motion for summary judgment should be denied because genuine issues of material fact exist regarding the FWDA claim and sovereign immunity.
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S.D. Fla.·
2023-05-15
Police officers who executed a search warrant that resulted in the death of an innocent bystander were entitled to qualified immunity because their use of force was objectively reasonable and did not violate clearly established constitutional rights. The court rejected claims by
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M.D. Fla.·
2023-03-17
Plaintiff Martínez Bowman sued Columbia County Sheriff Mark Hunter, Deputy David Harvey, and Deputy Jayme Gohde under 42 U.S.C. § 1983 and Florida state law following a 2020 incident in which deputies pulled over his vehicle for deficient lighting, deployed a police canine that b
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M.D. Fla.·
2023-02-17
The court held that the officers' use of deadly force was not objectively reasonable and the law was clearly established, thus denying qualified immunity at the dismissal stage. The city's motion to dismiss the wrongful death claim was also denied.
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M.D. Fla.·
2023-01-13
Matthew Poulin sought damages for excessive force following his arrest when North Port police officers tasered him multiple times and then released a K-9 dog that repeatedly bit him, causing severe permanent injuries. The court found that while the taser use was reasonable, Offic
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M.D. Fla.·
2023-01-09
The court held that the traffic stop was based on reasonable suspicion and the subsequent order to exit the vehicle was lawful, thus granting summary judgment on the unlawful seizure claims.
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M.D. Fla.·
2022-10-18
The court held that the plaintiff's allegations were insufficient to state a claim for excessive force, and thus granted the defendant's motion to dismiss.
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M.D. Fla.·
2022-09-13
A federal district court rejected most of the defendants' summary judgment motions and allowed the case to proceed to trial in a civil rights action stemming from John Blessing's arrest at a 2016 Pearl Jam concert, finding genuine disputes of material fact regarding whether polic
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M.D. Fla.·
2022-08-23
The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
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S.D. Fla.·
2022-06-22
The court accepted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Defendants' Bill of Costs.
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M.D. Fla.·
2022-06-13
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the Sheriff's Office or Detective Mazone, and that property damage claims are not cognizable under § 1983 when a post-deprivation remedy exists.
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M.D. Fla.·
2022-05-03
The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
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S.D. Fla.·
2022-03-29
The court held that the defendants are not entitled to summary judgment based on qualified immunity for the unreasonable search claim because there was no genuine issue of material fact supporting the emergency aid exception to the warrant requirement.
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M.D. Fla.·
2022-03-28
Pro se plaintiff James R. Leach sued Sarasota County Sheriff deputies for excessive force, First Amendment retaliation, and malicious prosecution arising from his arrest for felony driving with a suspended license in February 2017. The federal district court granted summary judgm
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M.D. Fla.·
2022-03-21
Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-02-11
The court granted in part Sheriff Gualtieri's motion for summary judgment, finding that claims against him for battery and false arrest were barred by sovereign immunity because the deputy's actions constituted bad faith, malice, or willful and wanton disregard for the plaintiff'
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M.D. Fla.·
2022-01-18
Summary judgment is granted for Defendant Gonzalez because the plaintiff's claims against him are unsupported by evidence, and even if the alleged actions occurred, they do not rise to the level of excessive force or outrageous conduct, and qualified immunity applies.
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M.D. Fla.·
2021-10-21
The court recommended granting the plaintiff's petition to approve the attorney ad litem report and enter an order approving the parties' proposed settlement agreement.
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M.D. Fla.·
2021-10-05
The court granted in part and denied in part the motion to dismiss, denying the motion to strike.
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M.D. Fla.·
2021-09-17
A police officer's use of force claim under the Fourth Amendment was dismissed as barred by qualified immunity, where the officer's conduct—including pointing a firearm, using physical contact, and deploying a taser against a non-compliant suspect—was not clearly established as u
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M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to exhaust administrative remedies and that his claims, even if considered on the merits, were insufficient to state a claim for deliberate indifference or constitutional violations.
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M.D. Fla.·
2021-07-12
The court held that summary judgment was premature due to the need for discovery, but dismissed claims against John Doe defendants and official capacity claims against other defendants. It also found that officers Smith and Mazuryk were entitled to qualified immunity on the failu
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S.D. Fla.·
2021-06-07
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.·
2021-04-27
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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N.D. Fla.·
2021-04-21
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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S.D. Fla.·
2021-03-15
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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987 F.3d 950·
11th Cir.·
2021-02-04
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.·
2020-12-29
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.·
2020-09-03
The court held that genuine disputes of material fact preclude summary judgment on claims of false arrest and excessive force, requiring these issues to proceed to trial.
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M.D. Fla.·
2020-08-14
The court held that the plaintiff failed to sufficiently allege a municipal policy or custom for his excessive force and inadequate medical treatment claims, and also failed to properly serve one defendant, leading to dismissal of federal claims and remand of the state law claim.
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M.D. Fla.·
2020-07-31
The court held that the defendant officer was entitled to qualified immunity for excessive force and battery claims, and the negligence claim was impermissible under Florida law.
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M.D. Fla.·
2020-06-30
The court held that the plaintiff failed to exhaust administrative remedies, requiring dismissal of his civil rights complaint.
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S.D. Fla.·
2020-05-13
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