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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S.D. Fla.·
2022-04-12
The court held that the amended complaint must be dismissed for failure to establish subject-matter jurisdiction and for failing to meet pleading standards under Federal Rules of Civil Procedure 8(a) and 9(b).
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11th Cir.·
2022-04-07
The court held that while the deputy had probable cause to seize the plaintiff, the force used was excessive and not protected by qualified immunity, and the sheriff's inaction supported a supervisory liability claim. However, the claim against the sheriff under Title II of the A
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S.D. Fla.·
2022-04-06
The court held that the plaintiff's proposed new claims against new defendants were untimely because they did not relate back to the original complaint and were not subject to equitable tolling or delayed accrual.
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M.D. Fla.·
2022-04-05
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to time-barred claims, improper defendants, and lack of factual allegations.
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S.D. Fla.·
2022-04-03
The court held that Plaintiff had standing as personal representative, but dismissed claims for deliberate indifference and excessive force due to failure to state a claim under the relevant constitutional amendments and Monell requirements.
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N.D. Fla.·
2022-03-31
The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
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M.D. Fla.·
2022-03-31
The court held that the plaintiff failed to state a claim for a constitutional violation against the defendant sheriff.
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S.D. Fla.·
2022-03-31
McDonough sued Homestead police officers and the City of Homestead for federal and state law violations stemming from his arrests related to disruptive conduct at City Hall meetings in July and September 2016. The court granted summary judgment for the defendants, holding that Se
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N.D. Fla.·
2022-03-31
Expert testimony by Dr. Roy Bedard regarding police practices, the Sheriff's custom of condoning misconduct, and negligent hiring, supervision, and retention was excluded as unreliable and unhelpful under Federal Rules of Evidence 702 and Daubert. The court found that Bedard's op
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S.D. Fla.·
2022-03-29
Artists McGriff, Yearwood, Jackson, and Guerrero contracted with Miami Beach to create and curate art installations for the ReFrame Miami Beach cultural programming event during Memorial Day weekend 2019, including an installation called "I See You, Too" that featured a memorial
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S.D. Fla.·
2022-03-29
The court held that the defendants are not entitled to summary judgment based on qualified immunity for the unreasonable search claim because there was no genuine issue of material fact supporting the emergency aid exception to the warrant requirement.
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M.D. Fla.·
2022-03-28
Pro se plaintiff James R. Leach sued Sarasota County Sheriff deputies for excessive force, First Amendment retaliation, and malicious prosecution arising from his arrest for felony driving with a suspended license in February 2017. The federal district court granted summary judgm
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M.D. Fla.·
2022-03-28
The court held that the defendant detective was entitled to qualified immunity because probable cause existed to arrest the plaintiff, and therefore the plaintiff failed to state a claim for malicious prosecution under the Fourth Amendment.
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M.D. Fla.·
2022-03-28
The court held that the plaintiff's Second Amended Complaint was a shotgun pleading that failed to state a claim and must be dismissed.
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M.D. Fla.·
2022-03-26
The court held that probable cause existed for the arrest, entitling Detective Sealey to qualified immunity on the federal claims.
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M.D. Fla.·
2022-03-25
The Court denied the defendants' motions to dismiss, finding that the plaintiffs' complaint stated plausible claims for relief under the Twombly-Iqbal pleading standard.
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M.D. Fla.·
2022-03-25
The court held that claims premised on acts occurring in 2011 are untimely and dismissed, and the plaintiff failed to state a claim regarding the alleged alteration of his sentencing transcript.
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S.D. Fla.·
2022-03-24
The court held that the plaintiff's claims were legally insufficient and factually baseless, warranting dismissal.
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M.D. Fla.·
2022-03-24
Andrew Brown, a pre-trial detainee at the Jacksonville Sheriff's Office facility, sued Chaplain W. Thomas under § 1983 and RLUIPA alleging that Thomas violated his First and Fourteenth Amendment rights by denying his religious accommodation requests for a vegan diet and special P
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S.D. Fla.·
2022-03-22
The court held that the plaintiff's motion for leave to appeal in forma pauperis must be denied because it failed to comply with the requirements of Federal Rule of Appellate Procedure 24(a)(1).
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M.D. Fla.·
2022-03-22
The court held that defendants Schouest and Bowden are entitled to qualified immunity because plaintiff failed to state a plausible claim against them for deliberate indifference or due process violations related to their role as grievance responders. The court also found that pl
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M.D. Fla.·
2022-03-21
The court granted Nurse Bennefield's motion to dismiss all claims against her, finding she was entitled to qualified immunity and the plaintiff failed to state claims for relief. The court found the plaintiff stated a plausible Eighth Amendment claim against Dr. Montoya.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's amended complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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N.D. Fla.·
2022-03-21
The court adopted the magistrate judge's recommendation to dismiss the case for lack of subject-matter jurisdiction.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted under the Fifth and Fourteenth Amendments.
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S.D. Fla.·
2022-03-21
The court held that the pro se plaintiff's complaint failed to state a claim and was a shotgun pleading, but granted leave to amend.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff plausibly alleged deliberate indifference by individual defendants but dismissed the claim against the healthcare provider due to lack of policy or custom.
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M.D. Fla.·
2022-03-21
Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-03-16
The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
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M.D. Fla.·
2022-03-16
Prison inmate Jackie Berger sued Florida Department of Corrections officials for retaliation, excessive force, and denial of medical care arising from an alleged beating in Warden Lane's office on October 20, 2020, but the court dismissed his federal civil rights claims because h
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S.D. Fla.·
2022-03-15
The court accepted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss all claims.
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M.D. Fla.·
2022-03-15
The court held that Defendant Macari's motion for sanctions under Rule 11 was denied because it was directed at a withdrawn pleading and failed to comply with the rule's safe harbor requirements.
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M.D. Fla.·
2022-03-14
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 because he did not allege the defendant was a state actor.
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M.D. Fla.·
2022-03-07
The court held that the amended complaint sufficiently alleged a procedural due process claim against the County, but failed to state a claim for a categorical taking and that Officer Pisano was entitled to qualified immunity.
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M.D. Fla.·
2022-03-07
The court held that the plaintiff, a prisoner with three prior dismissals, cannot proceed in forma pauperis because his alleged injuries do not constitute imminent danger of serious physical injury.
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M.D. Fla.·
2022-03-04
The court held that the defendants' use of force did not violate the Eighth Amendment and that the plaintiff's claim regarding the second incident was not barred by failure to exhaust administrative remedies, but granted summary judgment for the defendants on the merits of both i
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S.D. Fla.·
2022-03-04
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against any of the defendants, either individually or in their official capacities. The court dismissed the complaint with leave to amend.
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The court held that it lacked subject matter jurisdiction over the claims due to the probate exception and the Rooker-Feldman doctrine, and that the defendant judge was protected by judicial immunity.
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M.D. Fla.·
2022-02-19
The estate of Jose Villegas brought a § 1983 action against Florida Department of Corrections officers and supervisors, alleging they violated the Eighth Amendment by using excessive force and showing deliberate indifference to his serious medical needs after discovering him unre
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M.D. Fla.·
2022-02-18
The court denied plaintiff's motion for sanctions and to compel discovery without prejudice, finding no bad faith or sufficient grounds for sanctions based on the current record.
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M.D. Fla.·
2022-02-17
The court held that the county board's decision not to consider a proclamation constituted government speech, not a violation of the First or Fourteenth Amendments or Florida's Sunshine Law. The court also found no private cause of action for violation of the board's internal rul
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Fla. 1st DCA·
2022-02-16
This case involves a legislative aide suing her representative for First Amendment retaliation after termination. The appellate court reversed the trial court's denial of a motion to dismiss, finding the aide's speech was not protected as a citizen on a matter of public concern.
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S.D. Fla.·
2022-02-15
The court granted the City of Vero Beach's motion to dismiss, finding the plaintiff failed to state a claim for municipal liability under § 1983. The court converted the individual defendants' motion to dismiss into a motion for summary judgment.
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M.D. Fla.·
2022-02-14
The University Board of Trustees is not a "person" under 42 U.S.C. § 1983, and a voluntary payment of tuition does not constitute a taking under the Fifth Amendment. The court declined supplemental jurisdiction over state law claims.
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S.D. Fla.·
2022-02-12
The court held that the plaintiff's complaint, as it applied to the hotel, was an impermissible shotgun pleading and failed to state claims for federal civil rights violations, negligence, gross negligence, and intentional infliction of emotional distress.
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M.D. Fla.·
2022-02-11
The court held that the plaintiff inmate's filing was insufficient to warrant injunctive relief and dismissed the case without prejudice.
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M.D. Fla.·
2022-02-11
The court granted in part Sheriff Gualtieri's motion for summary judgment, finding that claims against him for battery and false arrest were barred by sovereign immunity because the deputy's actions constituted bad faith, malice, or willful and wanton disregard for the plaintiff'
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S.D. Fla.·
2022-02-10
The court granted the motion to dismiss Counts V and VI of the amended complaint, finding that the plaintiff failed to state a claim under Florida's Sunshine Law and could not amend the complaint through a response to a motion to dismiss.
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S.D. Fla.·
2022-02-10
The court held that Plaintiff's individual capacity failure to protect claims against certain officers may proceed, but claims against others and official capacity claims are dismissed.