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.·
2023-04-24
The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice, but granting the plaintiff leave to amend.
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M.D. Fla.·
2023-04-14
The court held that the plaintiff failed to state a plausible claim for relief against any defendant, and thus the action must be dismissed.
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S.D. Fla.·
2023-04-12
The court denied the plaintiff's emergency motion for defense counsel and travel permission, finding it lacked legal basis and failed to meet procedural requirements.
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S.D. Fla.·
2023-04-11
The court held that the plaintiff's complaint was a shotgun pleading and his in forma pauperis motion was deficient, granting him one opportunity to amend both.
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M.D. Fla.·
2023-04-10
A non-attorney parent cannot represent a minor child pro se in federal court, and a complaint attempting to do so fails to state a claim.
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M.D. Fla.·
2023-04-07
The court held that the deputies had probable cause to arrest the plaintiff based on a positive field test for cocaine, even though subsequent lab tests were negative, thus defeating claims of false arrest and malicious prosecution.
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The court granted in part the defendants' motions to compel discovery, ordering the plaintiff to provide better responses and verified answers.
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S.D. Fla.·
2023-04-05
The court held that Plaintiffs Garcia and Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions. The Attorney General and Chief Financial Officer are proper defendants.
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M.D. Fla.·
2023-04-05
The court held that the plaintiff's failure to train claim was properly dismissed for failing to state a claim, but his failure to protect claim, as amended, sufficiently alleged deliberate indifference and could proceed.
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M.D. Fla.·
2023-04-05
The court held that the pro se plaintiff must identify defendants by name to effectuate service of process and cannot compel a non-party to reveal their identities through discovery.
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M.D. Fla.·
2023-04-03
The court held that the plaintiff failed to state a claim under § 1983 for denial of equal protection, Eighth Amendment rights, or due process regarding DNA evidence comparison, and dismissed the complaint without prejudice.
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M.D. Fla.·
2023-04-03
The court held that abstention doctrines and claim-splitting did not warrant a stay because the state court proceedings would not resolve the federal constitutional claims. The court also held that certain allegations in the amended complaint were shotgun pleadings and would be s
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M.D. Fla.·
2023-03-31
The court held that federal and state false arrest claims, and a § 1983 claim for seizure of personal property, adequately stated claims for relief and would proceed, while other claims were dismissed.
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Defendants are entitled to qualified immunity on the § 1983 damages claim because the plaintiff has not shown a clearly established right to film in a probation office lobby, and the court lacks jurisdiction over claims for injunctive and declaratory relief.
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M.D. Fla.·
2023-03-31
The court held that the plaintiff plausibly alleged a procedural due process claim for deprivation of a property interest in his employment, but failed to plausibly allege a procedural due process claim for deprivation of a liberty interest.
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N.D. Fla.·
2023-03-30
The court held that genuine issues of material fact exist regarding whether Deputy Williams used excessive force and whether the arrest and subsequent prosecution were lawful, precluding summary judgment and qualified immunity for the individual claims.
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M.D. Fla.·
2023-03-28
The court held that a state-law negligence claim against a Sheriff in his official capacity for negligent training of officers is barred by sovereign immunity because training decisions are discretionary functions.
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M.D. Fla.·
2023-03-28
A plaintiff must allege facts sufficient to establish probable cause for at least one offense to survive a motion to dismiss a Fourth Amendment false arrest claim.
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M.D. Fla.·
2023-03-28
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 for deliberate indifference to serious medical needs.
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M.D. Fla.·
2023-03-27
Claims against the Florida Department of Corrections (FDOC) are dismissed due to Eleventh Amendment sovereign immunity, but claims against Aramark and its supervisor may proceed.
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N.D. Fla.·
2023-03-27
A section 1983 suit challenging an unconstitutional search and seizure does not necessarily imply an unlawful conviction, but the complaint is dismissed for failure to disclose previous lawsuits.
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N.D. Fla.·
2023-03-25
The court held that a county commissioner acting on behalf of the county, even on personal social media, can be considered a "responsible agency" under Florida's Public Records Act, and their unlawful refusal to disclose public records mandates attorney's fees, regardless of good
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M.D. Fla.·
2023-03-24
The court held that it lacked subject matter jurisdiction to review the plaintiffs' claims, as they were an attempt to challenge state court foreclosure judgments.
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M.D. Fla.·
2023-03-24
The court recommended granting the plaintiff's renewed motion for entitlement to attorney's fees and costs, finding it timely filed due to a pending motion for judgment as a matter of law, but denied the plaintiff's initial motion for fees as untimely.
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M.D. Fla.·
2023-03-24
The court held that a plaintiff must allege deprivation by a state actor to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2023-03-23
The court held that the plaintiff's allegations were insufficient to establish a policy or custom of the defendant medical provider that caused the alleged constitutional violation, and thus failed to state a claim.
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S.D. Fla.·
2023-03-23
A prisoner's failure to exhaust administrative remedies by filing timely grievances under the PLRA requires dismissal of their federal claims.
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S.D. Fla.·
2023-03-23
The court held that while the plaintiff plausibly alleged facial constitutional violations, her as-applied challenges and the commingling of claims warranted dismissal without prejudice, granting leave to amend.
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M.D. Fla.·
2023-03-23
The court held that the plaintiff's claims for arrest without probable cause and excessive force failed to state a claim, and the defendants were entitled to qualified immunity.
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M.D. Fla.·
2023-03-22
A Florida resident sued the Town of Howey-in-the-Hills under federal civil rights law, alleging that town officials violated his First Amendment rights by restricting his ability to speak at public council meetings and retaliating against him for his critical speech through vario
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M.D. Fla.·
2023-03-22
The court held that the amended complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, but granted plaintiff a final opportunity to amend due to her pro se status.
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M.D. Fla.·
2023-03-20
The court granted in part and denied in part the motion for reconsideration, allowing the plaintiff one final opportunity to amend his official capacity claim against the Sheriff, but denying reconsideration of the dismissal of official capacity claims against the deputies.
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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.·
2023-03-16
A pretrial detainee who voluntarily waives the right to counsel in a pending criminal case has no constitutional right to access law libraries or other legal materials to aid in his self-representation.
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M.D. Fla.·
2023-03-15
The court held that the plaintiff's pro se civil rights complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2023-03-15
The court held that a pro se inmate's complaint alleging mail seizure by prison employees failed to state a claim for constitutional violations, and amendment would be futile.
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S.D. Fla.·
2023-03-15
A prisoner who has accumulated three or more dismissals for frivolous, malicious, or failure-to-state-a-claim actions cannot proceed in forma pauperis without paying the filing fee, unless they allege imminent danger of serious physical injury.
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M.D. Fla.·
2023-03-14
The court held that the plaintiff failed to state a plausible claim for supervisory liability against Warden Rossiter because she did not allege facts showing a causal connection between his conduct and the constitutional violation, nor did she allege he had knowledge of the spec
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S.D. Fla.·
2023-03-13
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted because it did not sufficiently allege an unconstitutional policy or custom, deliberate indifference to serious medical needs, or a violation of constitutional rights by the d
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M.D. Fla.·
2023-03-13
The court held that the tax collectors' group bidding rules, while favoring master bidders, survive rational basis review for substantive due process and equal protection claims, and do not violate the plain language of the statute governing tie-breaking in tax certificate auctio
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S.D. Fla.·
2023-03-13
The court held that disputed factual issues regarding the officers' reasonable suspicion and probable cause preclude dismissal on qualified immunity grounds for false arrest and excessive force claims, and that the malicious prosecution claim is facially plausible, but the munici
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M.D. Fla.·
2023-03-09
A death-row inmate challenged the Florida Department of Corrections' placement of him on non-contact visitation status for approximately 18 years, alleging it violated his Fifth and Fourteenth Amendment due process rights. The district court granted the defendants' summary judgme
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M.D. Fla.·
2023-03-09
The court held that the plaintiff's claims were properly dismissed due to the statute of limitations, Eleventh Amendment immunity, and the domestic relations exception to federal jurisdiction.
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M.D. Fla.·
2023-03-08
The court held that defendants are entitled to qualified immunity on the First Amendment retaliation claim because there was arguable probable cause for the arrest and the plaintiff failed to demonstrate protected speech was the but-for cause of the arrest.
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M.D. Fla.·
2023-03-08
The court held that the officers had probable cause to arrest the plaintiff for resisting an officer without violence, and that the use of force, including the K-9 bite, was objectively reasonable under the circumstances.
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M.D. Fla.·
2023-03-08
The court held that the plaintiff sufficiently alleged exhaustion of administrative remedies and stated a claim for deliberate indifference to a serious medical need.
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M.D. Fla.·
2023-03-08
The Eleventh Amendment bars suits for monetary damages against state officials in their official capacities.
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M.D. Fla.·
2023-03-08
The court held that the plaintiff's RICO claim is barred by Heck v. Humphrey, and his § 1983 claims fail to state a plausible claim for relief due to vague allegations and failure to allege specific constitutional deprivations.
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M.D. Fla.·
2023-03-07
The court granted in part and denied in part Defendant Swanson's motion to dismiss, striking one paragraph but otherwise denying dismissal.
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S.D. Fla.·
2023-03-07
The court held that official capacity claims against officers are claims against the municipality, and that claims must be dismissed if they fail to allege municipal policy or custom, or if administrative remedies were not exhausted, or if defendants are entitled to qualified imm