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.·
2021-07-30
The court held that a pro se litigant's case must be dismissed without prejudice for failing to provide a certified inmate account statement with IFP motions and for having sufficient funds to pay the filing fee.
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S.D. Fla.·
2021-07-30
A prisoner who is a "three-striker" under 28 U.S.C. § 1915(g) must prepay the entire filing fee and cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
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S.D. Fla.·
2021-07-30
The court held that a pro se prisoner who misrepresents his financial situation in an IFP application and fails to pay the filing fee must have his case dismissed without prejudice.
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The court held that it lacked the authority to grant the plaintiff's requested relief of formally charging the defendant with obstruction of justice and conspiracy, as such authority rests with the executive branch.
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S.D. Fla.·
2021-07-27
The court held that the plaintiff's pro se complaint failed to state a claim against any defendant and was therefore dismissed without prejudice.
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M.D. Fla.·
2021-07-27
The court held that the inmate's pro se complaint failed to state a claim for violation of civil rights under 42 U.S.C. § 1983 because it lacked specific factual allegations of actual injury and constitutional deprivation.
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M.D. Fla.·
2021-07-26
The court held that a claim against a school superintendent in his official capacity is duplicative of a claim against the school board and that the plaintiff failed to plausibly allege the superintendent was the final decisionmaker for the demotion.
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M.D. Fla.·
2021-07-26
Holley Jones sued Fort Myers police officers Andrew Barlow and Christian Robles for constitutional violations after they seized him inside a convenience store based on an anonymous 911 call, tased him, arrested him, and found drugs in his pockets. The district court denied the of
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S.D. Fla.·
2021-07-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to a serious medical need, and thus the complaint must be dismissed.
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S.D. Fla.·
2021-07-23
The court held that the plaintiff's failure to intervene, psychological injury, and punitive damages claims against Deputy Turner, as well as his compensatory damages claims against all defendants, shall proceed.
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M.D. Fla.·
2021-07-22
The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was subject to dismissal.
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M.D. Fla.·
2021-07-21
The court held that the plaintiff lacked standing to bring the action, and that the defendants were immune from suit, necessitating dismissal.
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S.D. Fla.·
2021-07-21
The court held that the case should be transferred to the Middle District of Florida for the convenience of parties and witnesses and in the interest of justice.
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M.D. Fla.·
2021-07-21
The court held that the case should be transferred to the Middle District of Florida for the convenience of parties and witnesses and in the interest of justice.
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M.D. Fla.·
2021-07-21
A pro se litigant cannot represent others in a class action, and the plaintiff's individual complaint failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2021-07-20
The court held that the plaintiff failed to state a plausible Eighth Amendment claim for cell conditions against Defendant Waite because he did not allege facts showing deliberate indifference. The court also found the plaintiff stated a plausible First Amendment retaliation clai
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S.D. Fla.·
2021-07-19
The pro se prisoner's complaint is dismissed with prejudice under the 'three-strikes' rule and as frivolous because it fails to state a claim and contains irrational allegations.
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S.D. Fla.·
2021-07-15
A pro se prisoner's complaint is dismissed without prejudice if it constitutes a shotgun pleading and fails to state a plausible claim for relief.
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M.D. Fla.·
2021-07-14
The court held that the plaintiff failed to properly exhaust administrative remedies because his grievance was filed untimely according to Florida's administrative procedures.
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S.D. Fla.·
2021-07-14
Plaintiff Yolaisy Perez sought to amend her complaint in a fatal police shooting case by adding eight new defendants and three new causes of action more than eight months after the amendment deadline had passed and after fifty-five depositions had been taken. The court denied the
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M.D. Fla.·
2021-07-12
The court held that summary judgment was premature due to the need for discovery, but dismissed claims against John Doe defendants and official capacity claims against other defendants. It also found that officers Smith and Mazuryk were entitled to qualified immunity on the failu
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S.D. Fla.·
2021-07-07
Black residents and homeowner associations in Miami Gardens challenged Miami-Dade County's approval of a Formula One racing event at Hard Rock Stadium, alleging equal protection violations, conspiracy, and noise ordinance violations based on claims that the county allowed the eve
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S.D. Fla.·
2021-07-01
The court held that the doctrine of res judicata barred the plaintiff's current claims because they arose from the same nucleus of operative facts as a prior action, which had resulted in a final adjudication on the merits.
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M.D. Fla.·
2021-07-01
An inmate incarcerated in Florida filed a civil rights action alleging that medical personnel at two correctional facilities violated his Eighth Amendment rights and discriminated against him under the ADA and Fourteenth Amendment by failing to provide adequate post-surgical care
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S.D. Fla.·
2021-07-01
The court held that the plaintiff's financial situation demonstrates an ability to pay the filing fee, thus denying his application to proceed in forma pauperis.
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M.D. Fla.·
2021-06-30
The court held that the Heck v. Humphrey doctrine does not bar the plaintiff's excessive force claim, and that genuine disputes of material fact preclude summary judgment on qualified immunity. However, claims for monetary damages against defendants in their official capacities a
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M.D. Fla.·
2021-06-29
The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
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S.D. Fla.·
2021-06-28
The court granted the defendants' motion for costs in part, awarding a reduced amount due to the plaintiff's financial inability to pay, and denied the defendant's motion for attorney's fees.
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M.D. Fla.·
2021-06-28
The court held that a plaintiff may plead alternative damages, such as survival and wrongful death claims, in the alternative within a single count at the pleading stage.
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M.D. Fla.·
2021-06-25
The court held that the plaintiffs' claims are not barred by Heck, they have standing, and the PLRA exhaustion requirement does not apply to their claims challenging Florida's parole process.
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M.D. Fla.·
2021-06-22
The court granted summary judgment for defendants on verbal abuse claims but denied it on the failure-to-intervene claim, finding genuine issues of material fact regarding the latter.
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S.D. Fla.·
2021-06-18
The court held that the plaintiff failed to exhaust administrative remedies as required by the PLRA, and thus his complaint was dismissed.
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M.D. Fla.·
2021-06-15
The court held that the plaintiff's allegations were sufficient to overcome the defendants' motions to dismiss based on qualified immunity and Florida sovereign immunity.
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S.D. Fla.·
2021-06-11
The Court adopts the Magistrate Judge's recommendation to dismiss the complaint without prejudice, finding that Younger abstention applies.
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M.D. Fla.·
2021-06-10
The court held that a prisoner cannot join multiple unrelated claims against different defendants in a single action to circumvent PLRA filing fee and strike limitations.
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M.D. Fla.·
2021-06-10
The court held that Defendant Faltz's motion to dismiss should be denied, but Defendant Lee's motion to dismiss should be granted because the plaintiff failed to state a plausible claim against him.
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S.D. Fla.·
2021-06-10
The court held that the statute of limitations barred the unreasonable search and seizure claim, supervisory liability claims against Truntz and Ortiz failed, and the malicious prosecution claim was inadequately pleaded. However, the statute of limitations did not bar the false a
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M.D. Fla.·
2021-06-08
The court held that the Florida Administrative Code Rule 33-501.301(3)(d), which provides interpreters for languages spoken by 5% or more of the inmate population, does not violate the Equal Protection Clause because it is rationally related to a legitimate penological interest a
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M.D. Fla.·
2021-06-07
The court held that the plaintiff's allegations, if true, may state a plausible claim for a due process violation regarding visitation restrictions, and that defendants are not entitled to qualified immunity at this stage. The court also declined to dismiss claims for injunctive
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S.D. Fla.·
2021-06-07
A visually impaired inmate filed a civil rights action under 42 U.S.C. § 1983 alleging that a correctional sergeant used excessive force by spraying chemical agent directly into his surgically repaired eyes despite his nonresistance, and that the warden was deliberately indiffere
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M.D. Fla.·
2021-06-03
The court denied summary judgment on the state law battery claim, finding a genuine issue of material fact regarding sovereign immunity, but granted summary judgment on the Monell claim due to lack of notice of a pattern of violations.
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M.D. Fla.·
2021-06-03
The court held that the amended complaint was a shotgun pleading and failed to state claims under the Eighth Amendment or ADA, and that claims for injunctive and declaratory relief were moot.
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M.D. Fla.·
2021-06-03
The court held that the plaintiff failed to sufficiently allege a protectable property or liberty interest to support its due process claims under § 1983, but granted leave to amend. The ruling on the state law claim was deferred.
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M.D. Fla.·
2021-06-01
The court held that the claim against Mallard was time-barred and dismissed it with prejudice, and dismissed claims against Havenner and the remaining defendants without prejudice due to service and compliance issues.
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M.D. Fla.·
2021-06-01
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Jacksonville Sheriff's Office or Sheriff Mike Williams, either individually or in his official capacity.
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M.D. Fla.·
2021-05-28
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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M.D. Fla.·
2021-05-27
The court dismissed the civil rights complaint without prejudice, requiring an amended complaint with specific allegations, and denied the motion for protection.
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N.D. Fla.·
2021-05-26
The court held that a prisoner's failure to disclose prior litigation history on a court form constitutes abuse of the judicial process, warranting dismissal of the current case.
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M.D. Fla.·
2021-05-26
The court held that the plaintiff failed to adequately state claims for false arrest, imprisonment, and violation of a Florida statute, and that the Sheriff's Office is not a suable entity.
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.