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.·
2022-02-10
The court held that the plaintiff plausibly alleged an Eighth Amendment violation by prison medical staff for deliberate indifference to a serious medical need, and therefore denied the motion to dismiss.
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S.D. Fla.·
2022-02-09
The court held that the plaintiff's application to proceed in forma pauperis was denied and the complaint was dismissed with leave to amend due to deficiencies including failure to comply with IFP requirements and pleading a shotgun complaint.
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M.D. Fla.·
2022-02-03
The court granted the defendants' motion for a more definite statement because the plaintiff's complaint was vague, ambiguous, and constituted a shotgun pleading.
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S.D. Fla.·
2022-02-01
The court held that a § 1983 claim based solely on ADA rights is barred, a failure to plead a similarly situated comparator warrants dismissal without prejudice, and punitive damages are not recoverable against a school board under the ADAAA.
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M.D. Fla.·
2022-02-01
The court held that the estate's negligence claim should not have been dismissed with prejudice for failing to meet presuit screening requirements, as the estate attempted to comply within the statute of limitations.
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M.D. Fla.·
2022-02-01
The court held that the plaintiff failed to properly exhaust administrative remedies by not complying with the Florida Department of Corrections' grievance procedures, thus requiring dismissal of the case.
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M.D. Fla.·
2022-01-31
The court held that the complaint failed to establish federal question jurisdiction or diversity jurisdiction, and thus dismissed all counts.
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M.D. Fla.·
2022-01-31
The court held that the complaint constituted a shotgun pleading and was dismissed without prejudice, granting plaintiffs one opportunity to amend.
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S.D. Fla.·
2022-01-31
The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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M.D. Fla.·
2022-01-27
The court held that a pro se prisoner's failure to truthfully disclose his prior litigation history, including prior dismissals under the PLRA's 'three strikes rule,' constitutes an abuse of the judicial process and warrants dismissal of the current action as a sanction.
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M.D. Fla.·
2022-01-25
The court held that a genuine dispute of material fact exists regarding the plaintiff's excessive force claim, precluding summary judgment for the defendants on qualified immunity. The court also found the request for injunctive relief moot due to the plaintiff's transfer.
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S.D. Fla.·
2022-01-24
The court held that the plaintiff's complaint was unintelligible, frivolous, and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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M.D. Fla.·
2022-01-18
Summary judgment is granted for Defendant Gonzalez because the plaintiff's claims against him are unsupported by evidence, and even if the alleged actions occurred, they do not rise to the level of excessive force or outrageous conduct, and qualified immunity applies.
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S.D. Fla.·
2022-01-13
The court held that Warden Jose Colon is entitled to qualified immunity because the plaintiff failed to demonstrate that the Warden acted with deliberate indifference to his serious medical needs.
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S.D. Fla.·
2022-01-12
The court held that the plaintiff failed to establish municipal liability under § 1983 because the allegations regarding the City Manager's final policymaking authority were conclusory and unsupported by facts, and the City Manager's decisions were subject to review by the City C
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M.D. Fla.·
2022-01-12
The court held that the plaintiff inmate failed to state a claim for an Eighth Amendment violation due to deliberate indifference to serious medical needs, as his allegations were conclusory and lacked specific facts.
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M.D. Fla.·
2022-01-07
The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend due to failure to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-01-04
The court held that the plaintiffs failed to state an Eighth Amendment claim against Dr. Pedroza, but sufficiently alleged deliberate indifference against Dr. Salman.
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M.D. Fla.·
2022-01-04
The court held that Defendant Wetherbee is entitled to qualified immunity for the use of chemical agents, and that Plaintiff failed to show a constitutional violation regarding physical force due to lack of specific identification of perpetrators.
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M.D. Fla.·
2022-01-03
The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
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M.D. Fla.·
2022-01-03
The court held that genuine issues of material fact exist regarding whether Lee Memorial Health System had notice of Hechavarria's unfitness and whether its actions constituted deliberate indifference or negligence, thus denying summary judgment.
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N.D. Fla.·
2021-12-28
The court held that a habeas petition under 28 U.S.C. § 2241 should be dismissed if the claim is cognizable under 42 U.S.C. § 1983, even if the petitioner requests conversion.
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M.D. Fla.·
2021-12-22
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-12-21
A prisoner with three or more prior dismissals for frivolousness, malice, or failure to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
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M.D. Fla.·
2021-12-20
A plaintiff alleging only an increased risk of identity theft from a data breach lacks standing to bring a civil rights action.
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M.D. Fla.·
2021-12-17
The court held that the plaintiff's complaint failed to state a plausible claim for relief under the Eighth Amendment and 42 U.S.C. § 1983.
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M.D. Fla.·
2021-12-16
The court held that claims against defendants in their official capacities and against fictitious John Doe defendants are dismissed, but claims for excessive force and deliberate indifference to medical needs against nineteen individual defendants may proceed.
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M.D. Fla.·
2021-12-16
The court held that the petitioner's filing was unclear and did not comply with court rules, warranting dismissal without prejudice.
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M.D. Fla.·
2021-12-10
The court held that the plaintiff lacked standing to sue the Federal Secretary under the APA and for declaratory relief because the injury was not redressable. The court also held that the plaintiff had stated a claim against the State Secretary under § 1983 for violating the PPS
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M.D. Fla.·
2021-12-09
The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
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M.D. Fla.·
2021-12-08
The court held that the plaintiff's complaint was an impermissible shotgun pleading but that amendment would not be futile, thus granting leave to amend.
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S.D. Fla.·
2021-12-08
The court held that reconsideration of its prior dismissal order was not warranted, and denied the plaintiffs' request for leave to file an amended complaint.
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M.D. Fla.·
2021-12-07
The court held that the plaintiff's claims against Corizon were not time-barred due to the continuing violation doctrine, and Centurion's motion to dismiss based on the three-strikes rule was denied. The court will proceed to make specific findings on the exhaustion of administra
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M.D. Fla.·
2021-12-07
The court held that the plaintiff's second amended complaint failed to state a claim for relief under 42 U.S.C. § 1983, dismissing it without prejudice.
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M.D. Fla.·
2021-12-03
The court held that the plaintiff's case is dismissed because he misrepresented his prior litigation history, and alternatively, because he failed to exhaust administrative remedies for his claim regarding sutures and failed to state a claim regarding a leaking catheter.
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S.D. Fla.·
2021-12-03
The court held that the plaintiff failed to state a claim for a due process violation or a conspiracy under 42 U.S.C. § 1983, and therefore granted the defendants' motion to dismiss.
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M.D. Fla.·
2021-12-01
The court held that a private company contracting with a jail is not a state actor for Section 1983 claims, and claims against prison officials require alleging a causal connection and, for emotional damages, a physical injury. A prisoner's right to bodily privacy may proceed aga
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S.D. Fla.·
2021-11-30
The court held that the plaintiff's claims were barred by the Rooker-Feldman doctrine, res judicata, statute of limitations, and lack of standing, and that the State of Florida was immune from suit.
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M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
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M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to exhaust his administrative remedies because he did not properly follow the prison's grievance procedures, and therefore, his case must be dismissed.
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M.D. Fla.·
2021-11-18
The court held that the plaintiff's claims under § 1983 were precluded by the ADA's remedial framework, and dismissed ADA claims for failure to state a claim, but granted leave to amend due to plaintiff's pro se status.
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M.D. Fla.·
2021-11-17
The court held that the defendants are entitled to summary judgment because the plaintiff failed to present evidence of genuine disputes of material fact and the defendants are protected by absolute prosecutorial immunity.
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M.D. Fla.·
2021-11-15
The court held that official capacity claims against the Sheriff and officer are dismissed, but the claim against the officer can proceed as an individual capacity claim for deliberate indifference.
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S.D. Fla.·
2021-11-10
The court granted the motion to dismiss, finding it lacked subject matter jurisdiction and that the claims were barred by res judicata.
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M.D. Fla.·
2021-11-05
The court held that defendant Erik Brechnitz is entitled to qualified immunity because his conduct did not violate a clearly established constitutional right.
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M.D. Fla.·
2021-11-04
The court held that the plaintiff's Second Amended Complaint was subject to dismissal for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-11-03
The court held that the plaintiff's false arrest claim under § 1983 could proceed as it alleged a violation of a clearly established Fourth Amendment right, but dismissed the false imprisonment claim under the Fourteenth Amendment as it stemmed from the arrest and should be analy
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M.D. Fla.·
2021-11-03
The court dismissed claims against individual defendants for failure to state a claim but allowed the case to proceed against the corporate defendant for alleged policy failures.
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M.D. Fla.·
2021-11-02
The court held that the plaintiff failed to exhaust administrative remedies and that the defendant was entitled to summary judgment on the Eighth Amendment claims.