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
-
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.
-
M.D. Fla.·
2021-09-27
A prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
-
M.D. Fla.·
2021-09-23
Dillon Webb sued Columbia County sheriff's deputies and the sheriff for violating his constitutional rights when they arrested him for displaying an obscene bumper sticker reading "I EAT A**" on his vehicle and subsequently subjected him to incarceration and a strip search. The c
-
N.D. Fla.·
2021-09-22
The court recommended dismissal of the action because the plaintiff failed to pay the required filing fee or seek leave to proceed in forma pauperis after multiple opportunities and warnings.
-
11th Cir.·
2021-09-21
DeJesus, an incarcerated plaintiff, sued a prison sergeant and inspector claiming sexual assault and retaliation in violation of the Eighth Amendment, but his attorney withdrew shortly before trial and the court denied his requests for appointed counsel and trial continuance, lea
-
S.D. Fla.·
2021-09-21
The court held that genuine disputes of material fact exist regarding whether the plaintiffs were arrested and whether the officers' actions constituted obstruction, precluding summary judgment.
-
The court denied the plaintiff's motion for reconsideration, clarification, and leave to amend, finding no basis for reconsideration, that the clarification request was moot, and that the plaintiff failed to show good cause for an untimely amendment.
-
M.D. Fla.·
2021-09-17
Deputy Sheriff Willie Edom sued Chad Chronister, in both his individual and official capacity as Sheriff of Hillsborough County, alleging racial discrimination and retaliation spanning his 23-year employment and resulting in his constructive termination in 2017. The court granted
-
M.D. Fla.·
2021-09-17
A prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
-
S.D. Fla.·
2021-09-17
A judge is entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions are alleged to be erroneous or in excess of jurisdiction, provided they are not in the clear absence of all jurisdiction.
-
M.D. Fla.·
2021-09-17
A police officer's use of force claim under the Fourth Amendment was dismissed as barred by qualified immunity, where the officer's conduct—including pointing a firearm, using physical contact, and deploying a taser against a non-compliant suspect—was not clearly established as u
-
M.D. Fla.·
2021-09-16
The court held that the amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.
-
M.D. Fla.·
2021-09-16
A negligent or intentional deprivation of personal property does not constitute a Fourteenth Amendment due process violation if a meaningful post-deprivation remedy is available under state law.
-
M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to exhaust administrative remedies and that his claims, even if considered on the merits, were insufficient to state a claim for deliberate indifference or constitutional violations.
-
M.D. Fla.·
2021-09-14
The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because the alleged incident was isolated and did not demonstrate the defendants' subjective awareness of a substantial risk of harm.
-
M.D. Fla.·
2021-09-09
In May 2019, prison inmate LeSamuel Palmer initiated a Section 1983 civil rights suit against Florida Department of Corrections officers after he was subjected to chemical agent spraying and forced cell extraction at Union Correctional Institution, alleging violations of his Eigh
-
M.D. Fla.·
2021-09-09
Claims against supervisory defendants are dismissed because a plaintiff must allege personal participation or a causal connection between the supervisor's actions and the constitutional deprivation, not merely vicarious liability or the filing of a grievance.
-
M.D. Fla.·
2021-09-02
The court held that the Hillsborough County Sheriff's Office is an improper defendant and that the plaintiff's complaint, containing vague and conclusory allegations, failed to state a claim under federal or state law, but granted leave to amend.
-
S.D. Fla.·
2021-09-01
The court granted in part the motion to dismiss, dismissing several counts but allowing the Fourth Amendment excessive force claim against Detective Garcia and one wrongful death claim against him to proceed.
-
M.D. Fla.·
2021-09-01
The court held that the Plaintiff's claim under Florida's Whistle-blower's Act (Count I) could proceed, but his First Amendment retaliation claim (Count V) and Due Process claim (Count VI) were dismissed.
-
M.D. Fla.·
2021-08-30
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 and improperly joined unrelated claims.
-
M.D. Fla.·
2021-08-30
A pro se prisoner cannot join multiple unrelated claims against different defendants in a single action to circumvent the Prison Litigation Reform Act's fee and three-strikes provisions.
-
M.D. Fla.·
2021-08-30
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to vague and conclusory allegations, and dismissed it without prejudice, granting leave to amend.
-
M.D. Fla.·
2021-08-30
The court found genuine disputes of material fact regarding the excessive force claim against Officer Horne, precluding summary judgment. Summary judgment was granted for Officer Mobley as the plaintiff failed to show he used excessive force.
-
M.D. Fla.·
2021-08-27
The court granted the City's motion to dismiss, finding Plaintiff failed to state a claim for municipal liability and due process violations, and dismissed claims against individual officers for failure to serve process.
-
M.D. Fla.·
2021-08-26
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Sheriff's Office or the named officer.
-
M.D. Fla.·
2021-08-23
The court held that the plaintiff's civil rights complaint was time-barred and therefore subject to dismissal.
-
11th Cir.·
2021-08-20
The Eleventh Circuit held that a stipulation of dismissal filed under Rule 41(a)(1)(A)(ii) immediately divests the district court of jurisdiction, rendering subsequent orders reopening the case void. The court also held that Rule 60(a) cannot be used to correct a perceived error
-
M.D. Fla.·
2021-08-19
The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
-
M.D. Fla.·
2021-08-18
The court held that the plaintiff's amended complaint failed to state a claim under § 1983 and lacked exceptional circumstances for appointment of counsel.
-
M.D. Fla.·
2021-08-18
The court held that the plaintiff's complaint failed to state a plausible claim for relief and that he had not exhausted administrative remedies.
-
M.D. Fla.·
2021-08-18
The court held that the plaintiff failed to state a plausible claim for relief in Counts II and IV of his amended complaint, as he did not identify the specific constitutional right infringed or the statutory basis for his claims.
-
M.D. Fla.·
2021-08-17
The court held that the plaintiff failed to exhaust administrative remedies for his excessive force claim, as he did not file a timely informal grievance as required by PLRA and Florida's prison grievance procedures.
-
M.D. Fla.·
2021-08-16
The court held that the plaintiff failed to state a plausible claim for a violation of civil rights under 42 U.S.C. § 1983, and that a sheriff's office or jail is not a legal entity subject to suit.
-
M.D. Fla.·
2021-08-16
The court held that prosecutors are immune from suit for actions taken in their prosecutorial capacity and that unrelated claims against different defendants cannot be joined in a single action.
-
M.D. Fla.·
2021-08-16
The court held that it lacked subject-matter jurisdiction over the plaintiff's constitutional claims due to the Rooker-Feldman doctrine and that the ADA claim failed for insufficient pleading and being time-barred.
-
M.D. Fla.·
2021-08-13
The court held that judges and prosecutors are immune from suit, and court-appointed attorneys are not state actors for § 1983 claims.
-
M.D. Fla.·
2021-08-13
The court held that the jury's verdicts were not inconsistent and denied the plaintiff's motion to alter the judgment, but granted the plaintiff's motion for costs as the prevailing party.
-
M.D. Fla.·
2021-08-13
The court held that the plaintiff failed to state a claim for deliberate indifference against Nurse Chapman because the allegations did not establish subjective knowledge of a serious risk of harm.
-
M.D. Fla.·
2021-08-13
The court held that Plaintiff failed to state a claim against Poppell and Sawyer regarding the disciplinary policy, but may proceed with procedural due process claims against Porfert, McCawley, and Carner.
-
M.D. Fla.·
2021-08-10
The court held that the plaintiff failed to state a claim against Centurion Healthcare and Peterson, and failed to exhaust administrative remedies or state a claim against the remaining defendants.
-
S.D. Fla.·
2021-08-10
The court held that the plaintiff sufficiently pleaded that his speech involved a matter of public concern, but deferred the Pickering balancing test and qualified immunity determination to summary judgment, thus denying dismissal of the claim against the individual defendant. Ho
-
M.D. Fla.·
2021-08-06
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 due to insufficient factual allegations and naming improper defendants.
-
M.D. Fla.·
2021-08-06
Defendant Smith is entitled to qualified immunity because the plaintiff failed to allege facts showing his personal involvement in a constitutional violation. However, the court denied summary judgment on the issue of whether the plaintiff's injuries were de minimis under the PLR
-
M.D. Fla.·
2021-08-05
The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983 due to procedural and substantive deficiencies.
-
M.D. Fla.·
2021-08-05
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs, as the allegations amounted to negligence or malpractice, not a constitutional violation.
-
M.D. Fla.·
2021-08-04
The court held that the facility failed to demonstrate a legitimate governmental interest in prohibiting outgoing mail from current residents to former residents.
-
M.D. Fla.·
2021-08-03
The court held that the plaintiff's complaint must be dismissed because it fails to state a claim, is an impermissible shotgun pleading, and certain claims are barred by Rooker-Feldman and Younger abstention doctrines.
-
M.D. Fla.·
2021-08-02
The court held that the plaintiff failed to state a claim against the supervisory defendant for deliberate indifference, even though administrative remedies were exhausted.
-
S.D. Fla.·
2021-07-31
The court held that the case should be remanded to state court because the federal claims were insufficient and did not confer federal question jurisdiction, but denied attorney fees as removal was not objectively unreasonable.