521 Florida cases classified under this topic, plus 1,043 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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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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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 granted summary judgment for the defendant on Count VI, finding insufficient evidence of a widespread custom or policy. The court also found that the plaintiff could not amend his complaint to assert a state tort claim for false arrest under § 1983.
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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 a plaintiff's failure to prosecute and comply with court orders warrants dismissal of the case without prejudice.
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The court held that the excessive force claim against the deputies was plausible and could be replead, but the false arrest claim was dismissed with prejudice as amendment would be futile.
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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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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.·
2019-12-26
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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The court held that the plaintiff's allegations were sufficient to state a claim for racial discrimination under 42 U.S.C. § 1983, thus denying the defendants' motion to dismiss.
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M.D. Fla.·
2019-12-09
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.·
2019-12-09
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 warrantless search of the plaintiff's home was unconstitutional, and granted summary judgment for the plaintiff on this issue. However, the court denied summary judgment for the plaintiff against the City, finding a disputed issue of material fact regardin
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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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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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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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The court held that the plaintiff failed to establish a pattern of similar constitutional violations by the sheriff's deputies, thus precluding municipal liability for failure to train.
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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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M.D. Fla.·
2019-11-05
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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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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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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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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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.·
2019-09-11
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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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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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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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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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
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199 So. 3d 399·
Fla. 4th DCA·
2016-08-17
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
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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
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The court held that the officers were entitled to qualified immunity as they had arguable probable cause for the arrest, and that the plaintiff failed to establish a gender discrimination claim or municipal liability.
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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.
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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.
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The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
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The court held that the City's motion to dismiss was denied as to claims of a custom or practice of retaliation and a retaliatory suspension by a final policymaker, and that the City Manager was not entitled to quasi-judicial immunity at this stage and his qualified immunity defe
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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.
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The court held that a malicious prosecution claim against a municipality is barred by sovereign immunity when malice is an element, and a § 1983 claim requires specific allegations of a municipal policy or custom causing constitutional violations.
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The court held that summary judgment was inappropriate for certain claims, allowing them to proceed to trial, while granting it for others.
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Summary judgment was granted for the defendants because the plaintiff failed to present admissible evidence showing deliberate indifference to serious medical needs or negligence.
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Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
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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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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.
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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.