12,720 Florida cases classified under this topic, plus 456 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2023-09-08
A Florida federal court granted summary judgment in favor of four FDOC medical defendants in an Eighth Amendment deliberate indifference case, finding that the plaintiff-inmate failed to establish that the defendants' care for his shoulder injuries constituted conscious-shocking
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M.D. Fla.·
2023-09-08
The court held that the Hernando County Detention Center and its medical department are not suable entities under 42 U.S.C. § 1983, requiring dismissal of the complaint.
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M.D. Fla.·
2023-09-08
The court held that Eleventh Amendment sovereign immunity bars the § 1983 and breach of contract claims, and the Title IX claim fails for lack of plausible allegations of gender bias.
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M.D. Fla.·
2023-09-07
The court denied the plaintiff's motion for sanctions for spoliation of evidence, finding that the plaintiff failed to establish the necessary elements under Rule 37(e) and that the defendant did not act with intent to deprive or cause prejudice.
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A prisoner proceeding in forma pauperis under the PLRA's three-strikes provision must allege specific facts showing imminent danger of serious physical injury at the time of filing, not just general assertions of past or potential future harm.
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In this civil rights case, plaintiff Sanguinetti claimed that deputies and private security personnel violated his constitutional rights by allegedly using excessive force, making a false arrest, and maliciously prosecuting him without probable cause following a denied entry to a
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S.D. Fla.·
2023-09-05
The Court granted Plaintiff's motion to proceed in forma pauperis, finding his claims for excessive force, failure to intervene, and battery were plausible and not frivolous.
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S.D. Fla.·
2023-09-01
The court held that the pro se prisoner's complaint was a shotgun pleading, failed to state claims under the Eighth and Fourteenth Amendments, and his application to proceed in forma pauperis was legally insufficient.
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M.D. Fla.·
2023-08-31
The court held that the plaintiff failed to state a plausible claim for malicious prosecution under 42 U.S.C. § 1983 because probation violation proceedings are not criminal prosecutions and did not terminate in his favor. Additionally, civilian defendants are not state actors an
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S.D. Fla.·
2023-08-30
The court held that Officer Verne is not entitled to qualified immunity on the Section 1983 claims for false arrest and retaliatory arrest, and the state law claims for malicious prosecution and false arrest may proceed. The court granted summary judgment for Officer Villegas on
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M.D. Fla.·
2023-08-29
The court held that the plaintiff failed to state a plausible deliberate indifference claim against any defendant.
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M.D. Fla.·
2023-08-29
The court held that the plaintiffs failed to state a claim for relief under § 1983 for violations of the First and Fourteenth Amendments, and dismissed their claims for injunctive relief and punitive damages.
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M.D. Fla.·
2023-08-29
The court denied plaintiffs' motions for reconsideration and recusal, struck their amended supplemental pleading, and dismissed the amended complaint as to Judge Foster.
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Del. Super. Ct.·
2023-08-28
The Delaware Superior Court granted the Governor's motion to dismiss. The court held that the Governor is entitled to qualified immunity from damages for alleged violations of the U.S. Constitution because the law was not clearly established regarding the constitutionality of COV
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M.D. Fla.·
2023-08-25
The court held that the defendants, private citizens, are not state actors and thus cannot be sued under 42 U.S.C. § 1983 for filing a police report.
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M.D. Fla.·
2023-08-25
The court held that the plaintiff's complaint was a 'shotgun pleading' and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2023-08-23
Lester Eugene Fisher, an incarcerated inmate, sued three correctional officers under 42 U.S.C. § 1983, alleging they violated his constitutional rights by using excessive force, racist language, denying him food, and leaving him handcuffed among unrestrained inmates during a Febr
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M.D. Fla.·
2023-08-23
The Court dismissed the plaintiff's complaint sua sponte because it constituted a shotgun pleading, failing to provide adequate notice of claims and grounds to the defendants.
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S.D. Fla.·
2023-08-22
The court held that a pro se plaintiff's complaint against a private company under 42 U.S.C. § 1983 must be dismissed for failure to state a claim, as it did not allege state action.
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M.D. Fla.·
2023-08-22
The court held that the plaintiff failed to exhaust his administrative remedies before filing suit, requiring dismissal of his complaint.
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The court granted the motion to dismiss, finding the amended complaint failed to comply with Rule 8(a)(2) and violated a prior filing injunction.
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M.D. Fla.·
2023-08-22
The court held that the plaintiff failed to exhaust his administrative remedies before filing suit, as required by the PLRA.
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M.D. Fla.·
2023-08-18
The court held that a pro se prisoner's complaint alleging exposure to allergens, while potentially stating a claim for nominal damages or injunctive relief, must be dismissed without prejudice for failing to comply with pleading standards and for seeking barred compensatory dama
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S.D. Fla.·
2023-08-18
The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. §1983 because it did not allege deprivation of a constitutional right or action under color of state law.
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M.D. Fla.·
2023-08-17
The court held that a genuine issue of material fact exists regarding whether Deputy Harrell used excessive force, precluding summary judgment on the Fourth Amendment claim, and that Chambliss's right was clearly established.
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S.D. Fla.·
2023-08-17
The court held that the plaintiff's complaint was vague, conclusory, and failed to state a claim upon which relief could be granted, and that the named defendants were improper.
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M.D. Fla.·
2023-08-17
The court held that a plaintiff's complaint seeking a federal declaration of a state marriage's validity and enjoining state officials from requiring repudiation of that marriage as part of a treatment plan fails to state a claim.
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M.D. Fla.·
2023-08-17
The court held that the plaintiff's allegations of isolated verbal sexual harassment do not state a constitutional claim for relief.
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M.D. Fla.·
2023-08-17
The court held that the plaintiff's amended complaint failed to state a claim for excessive force and due process violations, but granted leave to amend the excessive force claim.
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M.D. Fla.·
2023-08-17
The court held that the plaintiff sufficiently alleged deliberate indifference to serious medical needs under the Eighth Amendment, but dismissed the Fourteenth Amendment claim. The court also found that the plaintiff's allegations of First Amendment retaliation were sufficient t
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M.D. Fla.·
2023-08-17
The court held that the plaintiff failed to state a plausible claim for deliberate indifference against the individual medical providers and Centurion, and thus declined to exercise supplemental jurisdiction over the state law claims.
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M.D. Fla.·
2023-08-16
The court held that the plaintiff's claims were barred by Heck v. Humphrey, Younger abstention, and judicial/prosecutorial immunity, and that there was no constitutional right to law library access for pro se litigants.
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M.D. Fla.·
2023-08-16
The court held that the plaintiff's § 1983 claim is time-barred by Florida's four-year statute of limitations for personal injury actions.
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M.D. Fla.·
2023-08-14
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 because the medical staff is not a legal entity and the supervisor was not alleged to have directly participated in or caused the constitutional deprivation.
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M.D. Fla.·
2023-08-11
The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it constituted a shotgun pleading and lacked sufficient factual allegations to establish deliberate indifference or constitutional violations.
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S.D. Fla.·
2023-08-11
The court held that the pro se prisoner's complaint is dismissed as frivolous and malicious under 28 U.S.C. § 1915A(b) because the plaintiff is a 'three-strikes' litigant and the complaint is duplicative and lacks an arguable basis in law or fact.
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M.D. Fla.·
2023-08-08
The court held that Collier County's motion to dismiss the Monell claim and state law vicarious liability claims is denied, but the indemnification claim is granted.
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S.D. Fla.·
2023-08-08
The court held that the plaintiff adequately pleaded a claim for deliberate indifference to serious medical needs and that the defendant waived any procedural objections regarding exhaustion of administrative remedies.
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S.D. Fla.·
2023-08-07
The court held that the plaintiff's complaint was frivolous, malicious, and failed to state a claim, warranting dismissal with prejudice and placement on a restricted filer list.
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M.D. Fla.·
2023-08-07
The court held that the plaintiff failed to state a plausible claim for a violation of his constitutional right to bodily privacy against any defendant, dismissing the case with prejudice.
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M.D. Fla.·
2023-08-04
The court held that the plaintiff sufficiently alleged a violation of the Driver Privacy Protection Act (DPPA) by Bank of America, and therefore denied the bank's motion to dismiss.
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M.D. Fla.·
2023-08-04
The court denied the defendants' motions to dismiss, finding the plaintiff stated plausible claims for deliberate indifference, but denied the plaintiff's motion for injunctive relief.
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M.D. Fla.·
2023-08-04
The court held that the defendants were entitled to qualified immunity on all claims, and therefore granted their motions for summary judgment, denying the plaintiffs' motions.
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M.D. Fla.·
2023-08-02
The court granted the motion to dismiss Count XIII (deliberate indifference against Dr. Hasty) but denied the motion to dismiss claims against Centurion. The court also granted in part and denied in part the motion to strike affirmative defenses, striking one.
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M.D. Fla.·
2023-08-02
The court held that the defendant met his burden of proving the plaintiff failed to properly exhaust his administrative remedies.
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S.D. Fla.·
2023-08-01
The court held that defendants are immune from suit under 42 U.S.C. § 1983 because the plaintiff was detained pursuant to a facially valid court order.
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M.D. Fla.·
2023-08-01
The court held that the plaintiff plausibly stated a claim for deliberate indifference against the defendant nurse, denying the motion to dismiss.
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M.D. Fla.·
2023-07-28
The court held that the plaintiff failed to state a claim for violations of his Fourth Amendment rights because the officers had probable cause for the traffic stop, search, and arrest, and the stop was not unreasonably prolonged.
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M.D. Fla.·
2023-07-27
The court held that the complaint failed to state a claim against the named defendant because supervisory officials are not liable under § 1983 for subordinates' actions without personal involvement or a causal connection.
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M.D. Fla.·
2023-07-27
The court held that the plaintiff's complaint was a shotgun pleading that failed to state a claim and was dismissed without prejudice, granting leave to amend.