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
-
S.D. Fla.·
2021-03-23
The Court held that attorneys' fees should not be awarded to the prevailing defendant because the plaintiffs' claims, though ultimately unsuccessful, were not frivolous, unreasonable, or without foundation.
-
S.D. Fla.·
2021-03-22
The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
-
M.D. Fla.·
2021-03-19
The court held that the plaintiff failed to state a plausible claim for relief under the Fifth or Fourteenth Amendments, and thus the complaint was properly dismissed under the PLRA.
-
M.D. Fla.·
2021-03-18
A pro se civil rights complaint filed by a pretrial detainee must be dismissed if a judgment in favor of the plaintiff would necessarily imply the invalidity of a potential conviction.
-
M.D. Fla.·
2021-03-17
The court held that the amended complaint was not an impermissible shotgun pleading and not a consequence of improper claim splitting, but granted dismissal for claims of conspiracy under 42 U.S.C. § 1985 and defamation due to absolute privilege.
-
M.D. Fla.·
2021-03-17
The personal representatives of a deceased prisoner sued corrections officers and medical staff at a Florida prison for allegedly depriving the inmate of adequate food, medical care, and mental health treatment in violation of his constitutional rights. The court denied summary j
-
N.D. Fla.·
2021-03-17
A state legislator blocked a private citizen from his official social media accounts in response to criticism of his legislative votes, and the court held that while the official capacity claim failed, the individual capacity First Amendment claim proceeded to trial because a fac
-
S.D. Fla.·
2021-03-17
Red Door Asian Bistro, an Asian restaurant owned by Asian-heritage plaintiffs, sued Fort Lauderdale alleging that a city mechanical inspector discriminated against them based on race and national origin by improperly denying and revoking their permits, and that the city ratified
-
S.D. Fla.·
2021-03-16
The court held that the plaintiff's claims for excessive force, failure to intervene, and punitive damages against the named defendants, as well as his psychological injury claims, were sufficient to proceed.
-
S.D. Fla.·
2021-03-15
The District Court granted the defendant's motion to strike or dismiss the plaintiff's requests for injunctive and declaratory relief. The court held that expungement of arrest records is not cognizable through a Section 1983 action against an individual officer, as Florida law l
-
M.D. Fla.·
2021-03-11
The court held that claims challenging the validity of an underlying conviction are barred by Heck v. Humphrey, but claims that do not necessarily invalidate the conviction may proceed. Recusal was denied as there was no reasonable doubt about the judge's impartiality.
-
M.D. Fla.·
2021-03-11
The court held that the plaintiff failed to state a claim for a Fourth Amendment violation or a substantive due process violation, and therefore declined to exercise supplemental jurisdiction over the state law claims.
-
11th Cir.·
2021-03-10
The court held that the district court did not err in denying qualified immunity to Officer Morris on T.D.H.'s excessive force claim, as the use of a taser on a restrained individual experiencing a medical emergency was a violation of clearly established Fourth Amendment law.
-
M.D. Fla.·
2021-03-10
The court held that a county jail facility is not a legal entity amenable to suit under 42 U.S.C. § 1983, and thus the complaint fails to state a claim.
-
M.D. Fla.·
2021-03-04
The court held that summary judgment must be denied because material facts are in dispute regarding the legality of the traffic stop, the arrest, and the subsequent charges, precluding qualified immunity and probable cause defenses.
-
M.D. Fla.·
2021-03-03
The court held that the pro se plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
-
M.D. Fla.·
2021-03-03
Prison inmate Juan Barriera sued Florida Department of Corrections officials under the Eighth Amendment for failing to protect him from a severe attack by a gang-affiliated cellmate at Hamilton Correctional Institution, despite officials' knowledge of prior gang-related violence
-
M.D. Fla.·
2021-03-03
The court held that the defendant officer was entitled to qualified immunity because the plaintiff failed to establish a violation of a clearly established constitutional right, and the officer's use of deadly force was objectively reasonable under the circumstances.
-
M.D. Fla.·
2021-03-03
The court held that the plaintiff inmate failed to exhaust administrative remedies because his self-serving and unsupported claims of destroyed grievances lacked credibility.
-
M.D. Fla.·
2021-03-02
The court held that the defendants failed to meet their burden on summary judgment by not demonstrating an absence of evidence supporting the plaintiff's claim of deliberate indifference to serious medical needs.
-
The court held that Plaintiff failed to properly exhaust administrative remedies for the March 2018 incident, but properly exhausted for the November 2017 and May 2018 incidents, and that Eleventh Amendment immunity applies to claims against defendants in their official capacitie
-
M.D. Fla.·
2021-03-01
Prison inmate Mack Tedder sued the Florida Department of Corrections and PRIDE Enterprises for alleged discrimination in hiring decisions for a prison dental laboratory position, claiming violations of the Fourteenth Amendment's Equal Protection Clause, Title VII, the ADA, and Fl
-
S.D. Fla.·
2021-02-26
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious risk of harm under the Eighth Amendment, and therefore the amended complaint was dismissed.
-
M.D. Fla.·
2021-02-26
Vernon Speak, a former detective-sergeant with the Hendry County Sheriff's Office, sued Sheriff Steve Whidden for retaliating against him after he reported the Sheriff's alleged improper interference in a hit-and-run investigation, claiming violations of Florida's Whistleblower A
-
S.D. Fla.·
2021-02-25
The court held that a pro se prisoner's complaint alleging the existence of 'mind reading machines' used by a jail is frivolous and fails to state a claim upon which relief can be granted.
-
S.D. Fla.·
2021-02-25
The district court adopted the magistrate judge's recommendation to allow the pro se civil rights complaint to proceed against one defendant and dismiss claims against others.
-
M.D. Fla.·
2021-02-24
The court held that the plaintiff failed to properly exhaust administrative remedies because his attempts did not comply with the FDOC's required grievance procedures, and his claims were not excused by the unavailability of remedies.
-
M.D. Fla.·
2021-02-23
The court held that Deputy Taylor's initial release of his K-9 to pursue fleeing suspects was objectively reasonable and did not violate the Fourth Amendment, thus granting him qualified immunity on that claim. However, the court found genuine disputes of material fact regarding
-
The court adopted in part and rejected in part the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint as a shotgun pleading and several of his claims.
-
The court granted in part and denied in part the motion to dismiss, dismissing several state law claims but allowing constitutional claims and malicious prosecution to proceed.
-
S.D. Fla.·
2021-02-18
The court held that the plaintiff's complaint was a deficient "shotgun pleading" and that his application to proceed in forma pauperis was improperly filed.
-
S.D. Fla.·
2021-02-18
The court held that the plaintiff's excessive force claim against Defendant Martin and deliberate indifference claim against Defendant Colon may proceed, while other claims are dismissed for failure to state a claim.
-
S.D. Fla.·
2021-02-17
The court held that the plaintiff's application to proceed in forma pauperis was denied due to insufficient documentation, and the complaint was dismissed without prejudice for failing to state a claim and for being a shotgun pleading, with leave to amend.
-
S.D. Fla.·
2021-02-17
The court held that the plaintiff's deliberate indifference and excessive force claims against certain defendants may proceed, while claims against others and the ADA claim were dismissed.
-
M.D. Fla.·
2021-02-16
The court held that the plaintiff's claims for false arrest and First Amendment retaliation failed to state a plausible claim for relief and were dismissed.
-
M.D. Fla.·
2021-02-16
The court held that the medical defendants were not deliberately indifferent to the plaintiff's serious medical needs, as the plaintiff's hernia was consistently monitored, deemed reducible and non-emergent, and surgery was considered elective.
-
M.D. Fla.·
2021-02-16
Plaintiff's false arrest claim (Count I) was dismissed because Plaintiff failed to allege the essential elements of a false arrest claim under Florida law, including that the arrest was unreasonable and not warranted by the circumstances, and because Plaintiff did not allege that
-
M.D. Fla.·
2021-02-12
The court held that the plaintiff failed to state a plausible claim for relief under the Eighth or Fourteenth Amendments and that the Department of Health is not a suable 'person' under § 1983.
-
M.D. Fla.·
2021-02-12
A party may file a single, combined brief for responding to opposing summary judgment motions and presenting their own cross-motion for summary judgment, as the substantive standard for evaluating summary judgment is the same for all parties.
-
M.D. Fla.·
2021-02-12
The court held that the plaintiff inmate plausibly alleged an Eighth Amendment deliberate indifference claim against the defendant Secretaries based on supervisory liability.
-
M.D. Fla.·
2021-02-11
A prisoner who has had three or more prior actions dismissed as frivolous, malicious, or failing to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
-
M.D. Fla.·
2021-02-10
The court held that the plaintiff inmate's pro se civil rights complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 and was therefore dismissed.
-
S.D. Fla.·
2021-02-10
The court held that the plaintiff's motion to proceed in forma pauperis on appeal and motion for appointment of counsel are denied because the appeal is frivolous and there are no exceptional circumstances warranting counsel.
-
M.D. Fla.·
2021-02-10
The court held that the plaintiff inmate failed to exhaust his administrative remedies before filing suit, requiring dismissal.
-
M.D. Fla.·
2021-02-10
The court held that the action must be dismissed because the plaintiff's successor or representative failed to move for substitution within 90 days after the suggestion of death was served.
-
S.D. Fla.·
2021-02-10
The court granted the defendant's motion to dismiss, finding the county's curfew order was not preempted by state law, not an ultra vires act, and that plaintiffs failed to adequately allege municipal liability for Fourth Amendment violations.
-
S.D. Fla.·
2021-02-08
The court held that the plaintiff's complaint failed to state a claim and was dismissed without prejudice, but granted his application to proceed in forma pauperis.
-
M.D. Fla.·
2021-02-08
The court held that while allegations against some nurses were insufficient, claims against Centurion Doctors, Nurses Morton and Mahoney, and Centurion Administrators, as well as Centurion's policies, could plausibly support a claim for deliberate indifference.
-
N.D. Fla.·
2021-02-06
The court held that a prisoner must alert the Department of Corrections to the problem they are grieving, not necessarily identify every individual involved, but that the plaintiff failed to do so regarding Ms. Molsbee.
-
987 F.3d 950·
11th Cir.·
2021-02-04
A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time permitted by rule. The court has jurisdiction over the appeal.