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.·
2022-08-01
A civil rights complaint challenging convictions that have not been overturned is subject to dismissal under the PLRA for failure to state a claim.
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M.D. Fla.·
2022-07-29
The court held that the plaintiff's complaint failed to state a claim because the jail is not a suable entity and the plaintiff did not sufficiently allege deliberate indifference to a substantial risk of harm by the officers.
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M.D. Fla.·
2022-07-29
The court held that the Sheriff's motion to dismiss should be denied, and while some of the plaintiff's claims are dismissed, others concerning retaliation, deliberate indifference to medical needs, and unconstitutional conditions of confinement may proceed.
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11th Cir.·
2022-07-29
Bradley Hester, on behalf of a class of indigent pretrial detainees, challenged Cullman County's bail system as unconstitutionally discriminating against the poor and denying due process, and the Eleventh Circuit Court of Appeals affirmed in part and reversed in part. The court h
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M.D. Fla.·
2022-07-29
The court held that the Sheriff's office's alleged failure to arrest a domestic violence perpetrator did not violate the Due Process Clause and that no special duty existed under Florida law to support a negligence claim.
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M.D. Fla.·
2022-07-26
The court held that most of the plaintiff's claims, including retaliation and failure to protect, were not plausibly pleaded or were barred by Heck v. Humphrey. However, the retaliation claim against one defendant survived dismissal.
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S.D. Fla.·
2022-07-26
The court held that the plaintiff's complaint, even when liberally construed, failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2022-07-25
The court held that the case was properly removed to federal court because the plaintiff's complaint asserted federal question jurisdiction, and therefore, the motion to remand and for attorney fees is denied.
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M.D. Fla.·
2022-07-22
The court held that the plaintiff inmate failed to exhaust administrative remedies as required by the PLRA, and thus his complaint must be dismissed without prejudice and without leave to amend.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff's claims were fantastic and delusional, failing to state a plausible claim for relief under the PLRA, and that supervisory liability was not sufficiently alleged.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against supervisory officials because he did not allege personal participation or a causal connection between their actions and the alleged constitutional violations.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against the Sheriff, the medical provider, and the jail itself, but granted leave to amend the complaint.
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11th Cir.·
2022-07-18
Absolute prosecutorial immunity does not protect a prosecutor for failing to take action to cancel a material witness warrant after the judicial proceeding has concluded.
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M.D. Fla.·
2022-07-18
A pretrial detainee's pro se civil rights complaint was dismissed because it failed to state a plausible claim for relief against the defendants.
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N.D. Fla.·
2022-07-15
The court held that the defendant superintendent was entitled to qualified immunity and summary judgment because the plaintiff failed to present evidence of her personal involvement in or a causal connection to the alleged constitutional violations, nor evidence of a conspiracy.
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M.D. Fla.·
2022-07-13
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and contained fantastic or delusional allegations, warranting dismissal under the PLRA.
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M.D. Fla.·
2022-07-13
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to a lack of factual specificity.
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S.D. Fla.·
2022-07-13
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2022-07-12
The court held that the plaintiff's allegations of medical malpractice do not rise to the level of a constitutional violation, and thus fail to state a claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-07-11
The court held that the third amended complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, dismissing the case without prejudice to state court.
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M.D. Fla.·
2022-07-11
The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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A plaintiff cannot cure a failure to state a claim by adding facts in objections; discovery is not warranted without a sufficient pleading.
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M.D. Fla.·
2022-07-08
The court held that the plaintiff failed to properly exhaust administrative remedies because his grievances did not address the policy of delaying treatment, but rather focused on diet and vitamin requests.
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S.D. Fla.·
2022-07-07
The federal court dismissed the case because it lacked subject matter jurisdiction due to the domestic relations exception and the Rooker-Feldman doctrine, as the claims involved state child custody matters and sought to review state court judgments.
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M.D. Fla.·
2022-07-05
The plaintiff lacks standing to bring claims on behalf of her deceased husband because she has not alleged she is the personal representative of his estate as required by Florida law.
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M.D. Fla.·
2022-07-05
The court held that the defendant's motion to dismiss the second amended complaint should be denied, allowing the takings, procedural due process, and negligence claims to proceed.
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M.D. Fla.·
2022-07-05
The court held that the plaintiff's claims were not barred by the statute of limitations due to the prison mailbox rule, but the claim against the private attorney was dismissed for failure to state a claim as he was not a state actor. The court also found that the Heck v. Humphr
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M.D. Fla.·
2022-06-30
The court held that a plaintiff cannot pursue a civil rights action for deprivation of property if adequate state post-deprivation remedies exist, and that verbal abuse alone does not constitute a constitutional violation.
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M.D. Fla.·
2022-06-30
An inmate incarcerated in Florida sought damages against a prison physician under the Eighth Amendment for deliberate indifference to serious medical needs, claiming the physician failed to reissue specialist-prescribed medical passes following shoulder surgery, refused to pursue
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S.D. Fla.·
2022-06-29
The court held that a complaint filed in forma pauperis must be dismissed if it fails to state a claim upon which relief can be granted, even when liberally construed for a pro se litigant.
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M.D. Fla.·
2022-06-27
The court ordered the plaintiff to file an amended complaint to properly address venue and pleading deficiencies.
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S.D. Fla.·
2022-06-24
The court held that the wife lacked standing, the husband's claims were barred by Rooker-Feldman and the statute of limitations, and the official-capacity claim failed Monell requirements.
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M.D. Fla.·
2022-06-23
The court denied the plaintiff's motion for injunctive relief and ordered him to file an amended complaint because the original complaint was a "shotgun pleading" that failed to state claims with sufficient specificity.
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M.D. Fla.·
2022-06-22
The court denied the plaintiff's motion for injunctive relief because he failed to meet the required legal standards for such 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.·
2022-06-21
The court held that the plaintiff failed to properly exhaust administrative remedies because his grievance was untimely filed according to the FDOC's procedural rules.
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M.D. Fla.·
2022-06-21
The court held that the plaintiff's complaint failed to state a claim for failure to train, failure to protect, or negligence under 42 U.S.C. § 1983. The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend.
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M.D. Fla.·
2022-06-21
An inmate brought an Eighth Amendment constitutional violation claim against Florida prison officials and a medical services contractor, alleging that a sergeant assaulted him and that medical personnel delayed and denied adequate treatment for his resulting serious shoulder inju
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M.D. Fla.·
2022-06-21
The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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S.D. Fla.·
2022-06-17
The court held that claims implying the invalidity of a conviction are barred by Heck v. Humphrey, and other claims fail to state a plausible claim for relief under 28 U.S.C. § 1915A.
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M.D. Fla.·
2022-06-17
The court held that claims based on fabricated disciplinary reports are premature if not invalidated, and sanctions imposed (administrative confinement and CARE level reduction) do not implicate constitutional due process concerns.
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S.D. Fla.·
2022-06-16
The court held that the plaintiff sufficiently alleged that the officer acted in bad faith, thus removing him from statutory immunity, and that the city could be liable under § 1983 for failure to train officers on plain-clothed overnight details where the need for such training
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M.D. Fla.·
2022-06-15
The court held that the defendant's motion for summary judgment on the Eighth Amendment claim should be denied because a genuine dispute of material fact exists regarding whether the defendant was deliberately indifferent to a substantial risk of harm.
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M.D. Fla.·
2022-06-14
The court held that the plaintiff's second amended complaint constituted an impermissible shotgun pleading and was dismissed.
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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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The court held that a 45-day registration requirement for Passover did not substantially burden an inmate's religious exercise under RLUIPA and that electronic posting of the deadline provided adequate notice under the Due Process Clause.
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M.D. Fla.·
2022-06-10
The court held that the plaintiff's section 1983 claim was time-barred because it was filed more than four years after the alleged illegal search occurred. Amendment would be futile.
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N.D. Fla.·
2022-06-10
Courthouse News Service challenged delays by Florida's Broward County court system in providing public access to newly filed civil complaints, arguing the delays violated the First Amendment's right to access judicial records. The court held that the First Amendment guarantees a
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11th Cir.·
2022-06-09
A public employee who was terminated after her employer made false and stigmatizing statements about her without providing a meaningful opportunity for a name-clearing hearing stated a valid claim for violation of due process rights under the Fourteenth Amendment, and a jury verd
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M.D. Fla.·
2022-06-08
The court held that the plaintiff's pro se civil rights complaint was too vague and conclusory to proceed.