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.·
2021-11-01
The court held that a pretrial detainee's constitutional right of access to courts is satisfied if he is offered legal counsel and voluntarily proceeds pro se, even if he claims a lack of legal supplies.
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M.D. Fla.·
2021-10-29
A complaint alleging misdiagnosis of a cellmate's tuberculosis and subsequent exposure, without alleging deliberate indifference or a policy violation, fails to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-28
The court held that the pro se inmate's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2021-10-28
The court held that federal courts must abstain from interfering with ongoing state criminal proceedings when adequate state remedies exist.
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S.D. Fla.·
2021-10-27
The court held that the plaintiff failed to state a claim for municipal liability under 42 U.S.C. § 1983 and dismissed the intentional infliction of emotional distress claim, but denied the motion to dismiss the complaint as a shotgun pleading.
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M.D. Fla.·
2021-10-26
The court held that the plaintiff failed to state a claim for excessive force and failure to intervene, and declined to exercise supplemental jurisdiction over the state law battery claim.
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M.D. Fla.·
2021-10-26
The court recommended dismissal of the case because the plaintiff failed to comply with court orders, filed a deficient 'shotgun pleading,' and failed to state a plausible claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-25
The court held that the Sheriff's office lacks capacity to be sued and that the estate failed to state a Monell claim or comply with Florida's presuit screening requirements for negligence claims.
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M.D. Fla.·
2021-10-25
The court held that the plaintiff's amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 for violations of his constitutional rights.
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N.D. Fla.·
2021-10-21
The court recommended denying the defendants' motion for summary judgment because genuine disputes of material fact exist regarding whether the force used violated the Eighth Amendment and whether the defendants are entitled to qualified immunity.
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N.D. Fla.·
2021-10-21
The court held that there is a genuine dispute of material fact regarding whether the defendants were deliberately indifferent to a substantial risk of serious harm to the plaintiff, thus precluding summary judgment.
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M.D. Fla.·
2021-10-21
The court recommended granting the plaintiff's petition to approve the attorney ad litem report and enter an order approving the parties' proposed settlement agreement.
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M.D. Fla.·
2021-10-21
The court held that the plaintiff's amended complaint failed to cure deficiencies, lacked subject matter jurisdiction, and constituted a shotgun pleading, warranting dismissal.
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M.D. Fla.·
2021-10-19
The court held that the law enforcement privilege protects the identities of undercover officers, and the plaintiffs' need for this information in a civil rights action does not outweigh the public interest in maintaining officer confidentiality and investigative integrity.
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M.D. Fla.·
2021-10-19
The court held that a pretrial detainee's claim for denial of access to the courts regarding a civil forfeiture proceeding fails because such proceedings are not protected by the right of access to the courts, and the detainee failed to allege a nonfrivolous underlying claim.
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M.D. Fla.·
2021-10-19
The court held that the plaintiff's allegations did not state a claim for relief under the Eighth Amendment and that the requested relief was beyond the court's power.
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11th Cir.·
2021-10-18
The court held that the plaintiff failed to allege facts sufficient to establish deliberate indifference under the Eighth Amendment, and thus did not state a claim for failure to protect, even though one official may have had subjective knowledge of a risk.
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M.D. Fla.·
2021-10-18
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit and dismissed the plaintiff's claim against it with prejudice, but granted leave to amend.
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S.D. Fla.·
2021-10-18
The court held that the plaintiff failed to state a claim for failure to intervene and for deliberately indifferent policies, practices, customs, training, and supervision.
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N.D. Fla.·
2021-10-18
Summary judgment is granted for Dr. Hasty but denied for Centurion, as Centurion may be liable for constitutional violations stemming from its policy or custom of unexplained delays in medical treatment.
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M.D. Fla.·
2021-10-15
The court held that Deputy Redinger is not entitled to qualified immunity because, under the plaintiff's version of the facts, the force used was gratuitous and violated clearly established Fourth Amendment rights.
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N.D. Fla.·
2021-10-14
The court held that Plaintiff's claims for injunctive and declaratory relief are barred by the Younger abstention doctrine, and Defendants are entitled to quasi-judicial immunity for damages claims.
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M.D. Fla.·
2021-10-14
The court held that former deputy clerks, as alter egos of the Clerk of Court, could be terminated for political disloyalty, and that the Clerk of Court is entitled to sovereign immunity for FMLA claims.
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N.D. Fla.·
2021-10-14
The court held that the plaintiff's fourth amended complaint failed to state a plausible claim for relief under the Eighth Amendment or the Americans with Disabilities Act against any of the defendants.
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S.D. Fla.·
2021-10-13
The court held that the defendant is entitled to attorney's fees because the plaintiff's claims under 42 U.S.C. § 1983 were frivolous, unreasonable, and groundless.
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M.D. Fla.·
2021-10-13
The court held that the plaintiff failed to state an Eighth Amendment claim for cruel and unusual punishment due to unsanitary conditions, and his claims for injunctive relief were moot.
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M.D. Fla.·
2021-10-13
The court granted the plaintiff's motion to continue the stay of the case.
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M.D. Fla.·
2021-10-12
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, even after an opportunity to amend.
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M.D. Fla.·
2021-10-12
The court held that a pro se plaintiff's erroneous citation to the Eighth Amendment for excessive force during an arrest, when the Fourth Amendment applies, does not warrant dismissal on a motion for judgment on the pleadings.
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S.D. Fla.·
2021-10-11
Ruby Green, an assistant public defender at the Broward County Public Defender's Office, sued her former employer for First Amendment retaliation after she was fired the morning after losing her election campaign to replace Public Defender Howard Finkelstein, claiming the termina
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N.D. Fla.·
2021-10-08
The court held that the plaintiff failed to state a plausible Eighth Amendment claim against the defendants, and therefore, the claims should be dismissed.
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S.D. Fla.·
2021-10-08
The court held that the complaint, while containing some improper re-incorporation of paragraphs, provided sufficient notice and was not a shotgun pleading; however, the federal claims against the County and MDPD were dismissed for failure to adequately allege a municipal policy
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N.D. Fla.·
2021-10-06
A prisoner's complaint may be dismissed if their failure to pay the filing fee was within their control and caused by their own spending choices, rather than circumstances beyond their control.
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M.D. Fla.·
2021-10-05
The court granted in part and denied in part the motion to dismiss, denying the motion to strike.
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S.D. Fla.·
2021-10-05
The court held that the plaintiff failed to adequately plead a municipal custom or policy to establish municipal liability under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-05
A prisoner's claim of due process violation based solely on disciplinary confinement and a false disciplinary report, without alleging loss of good time credits or atypical hardship, fails to state a claim.
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S.D. Fla.·
2021-10-05
The court held that the plaintiff's complaint was deficient for multiple reasons, including failure to comply with IFP requirements, shotgun pleading, failure to state a claim against a municipality, and seeking non-cognizable relief under § 1983.
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N.D. Fla.·
2021-10-04
The court recommends dismissal of the action without prejudice because the plaintiff failed to prosecute the case and comply with two court orders.
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M.D. Fla.·
2021-10-04
The court held that the defendant detective was entitled to summary judgment on all claims because the plaintiff failed to present evidence of constitutional violations, including unlawful entry, search, property destruction, or unlawful arrest.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was procedurally deficient.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's proposed amended complaint failed to state a plausible claim for excessive force or to challenge pending criminal proceedings. The court granted a final opportunity to amend the excessive force claim.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted because it lacked sufficient factual allegations to establish the defendant's liability.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted against any of the federal or state defendants.
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S.D. Fla.·
2021-09-30
Florida Carry, a gun rights advocacy group, challenged the police detention and disarming of its members during a June 2018 "open carry" event on a Miami Beach pier, bringing federal civil rights claims under the Fourth and First Amendments and Section 1983. The court granted sum
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to adequately plead violations of his First and Fourth Amendment rights, thus entitling the defendants to qualified immunity.
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M.D. Fla.·
2021-09-30
The court granted summary judgment for the defendant on the § 1983 claim and the race discrimination claims based on failure to promote and suspension, but denied summary judgment on the hostile work environment claim.
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N.D. Fla.·
2021-09-29
The court recommended dismissal of the action without prejudice because the plaintiff failed to prosecute the case, comply with court orders, and update his address.
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M.D. Fla.·
2021-09-29
A 50-page handwritten amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to file a second amended complaint that complies with pleading standards.
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N.D. Fla.·
2021-09-29
The court held that the defendant officer was entitled to summary judgment on the plaintiff's § 1983 claims for unlawful stop, arrest, and search.
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N.D. Fla.·
2021-09-28
The court held that the plaintiff's claims are barred by res judicata because they arise from the same facts and parties as a prior federal case that was dismissed for failure to state a claim.