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M.D. Fla.·
2020-04-24
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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M.D. Fla.·
2020-04-02
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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M.D. Fla.·
2020-03-19
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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M.D. Fla.·
2020-03-09
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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M.D. Fla.·
2020-03-06
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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M.D. Fla.·
2020-03-05
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.·
2020-02-04
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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S.D. Fla.·
2020-01-31
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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M.D. Fla.·
2020-01-23
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.·
2019-11-27
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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M.D. Fla.·
2019-11-26
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.·
2019-11-05
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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M.D. Fla.·
2019-09-30
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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106 La. 356·
S.D. Fla.·
2018-10-23
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.
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5 La. 472·
S.D. Fla.·
2017-10-23
The court held that evidence of the underlying facts of the arrest and the plaintiff's drug use at the time are admissible.
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S.D. Fla.·
2017-07-05
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.
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574 F. Supp. 2d 1279·
M.D. Fla.·
2008-08-20
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.
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563 F. Supp. 2d 1315·
M.D. Fla.·
2008-05-27
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.
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482 F. Supp. 2d 1368·
N.D. Fla.·
2007-03-09
The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
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359 F. Supp. 2d 1323·
S.D. Fla.·
2004-11-23
The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
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302 F. Supp. 2d 1373·
S.D. Fla.·
2004-02-13
A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
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646 So. 2d 771·
Fla. 3d DCA·
1994-11-09
The court reversed a trial court's dismissal of an amended complaint alleging excessive force by Hialeah police officers and their chief in apprehending a minor through a police dog. The decision clarifies that claims for excessive force in arrest, including state tort and federa
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999 F.2d 774·
4th Cir.·
1993-07-22
The court held that a police officer is entitled to qualified immunity when, in the course of an arrest attempt, the suspect's actions created a severe threat of physical harm, making the officer's use of deadly force reasonable under the Fourth Amendment.
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994 F.2d 1151·
5th Cir.·
1993-07-12
The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
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992 F.2d 809·
8th Cir.·
1993-05-06
The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
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980 F.2d 1236·
8th Cir.·
1992-12-08
The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
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980 F.2d 1180·
8th Cir.·
1992-12-02
The court held that the trial court's erroneous jury instruction on 'deliberate indifference' did not constitute plain error, and the admission of evidence regarding alcohol consumption was not an abuse of discretion.
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963 F.2d 459·
1st Cir.·
1992-04-29
The court held that the district court did not err in its rulings regarding fraud on the court, autopsy photographs, or the admission of evidence concerning prior convictions and weapons, and that the jury verdict was not against the weight of the evidence.
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967 F.2d 280·
9th Cir.·
1991-11-04
The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
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944 F.2d 261·
5th Cir.·
1991-10-15
The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
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909 F.2d 121·
5th Cir.·
1990-08-15
The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
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864 F.2d 401·
5th Cir.·
1989-02-02
The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
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793 F.2d 571·
4th Cir.·
1986-06-16
The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
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752 F.2d 68·
3d Cir.·
1985-01-07
The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.