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.·
2020-11-18
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
-
M.D. Fla.·
2020-11-17
The court granted the motion to dismiss, finding the plaintiff failed to state a claim for deliberate indifference or negligence against the defendant.
-
S.D. Fla.·
2020-11-17
The court held that a party waives the psychotherapist-patient privilege by placing their mental condition at issue in litigation, and that medical records related to an involuntary commitment are discoverable when relevant to the claims and defenses, subject to limitations on sc
-
M.D. Fla.·
2020-11-17
The court held that the plaintiff's complaint failed to state a claim because it lacked sufficient factual allegations to plausibly infer that the challenged policy amounted to unconstitutional punishment.
-
M.D. Fla.·
2020-11-13
The court held that Deputy Dunn is not entitled to qualified immunity for the § 1983 false arrest claim, but the Fourteenth Amendment claims against both defendants and the battery claims are dismissed. The court also found the negligent hiring, retention, training, and supervisi
-
M.D. Fla.·
2020-11-11
The court held that the Governor's Executive Order mooted most, but not all, of the plaintiffs' claims challenging a county mask ordinance, and dismissed some claims for failure to state a claim.
-
M.D. Fla.·
2020-11-06
The court held that Plaintiff's claims against Murphy and Bowden are dismissed, and certain claims against Pesina are dismissed, but excessive force, retaliation, and access to court claims against Pesina may proceed.
-
M.D. Fla.·
2020-11-05
The court held that the amended complaint adding Deputy Pepin as a defendant does not relate back to the original complaint because there was no mistake concerning the proper party's identity, and Florida law generally prohibits adding new parties after the statute of limitations
-
M.D. Fla.·
2020-11-05
The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to insufficient pleading regarding defendants and constitutional violations.
-
S.D. Fla.·
2020-11-03
The court held that the FTCA negligence claim regarding the operation of the prison transport van may proceed against the United States, but claims for failure to secure with a seatbelt, medical negligence, and Bivens deliberate indifference are dismissed.
-
S.D. Fla.·
2020-10-30
The court adopted in part the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint but granting leave to file an amended complaint.
-
S.D. Fla.·
2020-10-30
The court adopted the magistrate judge's report and recommendation, dismissing the plaintiff's complaint.
-
M.D. Fla.·
2020-10-30
The court held that abstention under Younger is appropriate, dismissing claims for declaratory or injunctive relief and staying claims for monetary damages pending resolution of state proceedings.
-
S.D. Fla.·
2020-10-29
The court held that most of the plaintiff's claims were barred by the statute of limitations and that the remaining malicious prosecution claims failed to state a claim upon which relief could be granted.
-
The court held that the Magistrate Judge's Report and Recommendation was properly adopted, and the Amended Complaint was dismissed for failure to state a claim.
-
M.D. Fla.·
2020-10-28
The court granted in part the motion to dismiss, dismissing the conspiracy claim and the § 1986 claim with prejudice, while denying the motion on other grounds.
-
M.D. Fla.·
2020-10-28
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to lack of constitutional duty, failure to allege conspiracy with specificity, prematurity of claims challenging state prosecution, and applicable immunities.
-
M.D. Fla.·
2020-10-27
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was dismissed without prejudice, with leave to amend.
-
M.D. Fla.·
2020-10-27
A pretrial detainee's claim for denial of medical care must be brought under the Fourteenth Amendment, and requires showing deliberate indifference to a serious medical need, not just supervisory liability.
-
S.D. Fla.·
2020-10-27
The court held that the County's motion to dismiss the false arrest claim based on sovereign immunity should be denied because the allegations, taken as true, do not conclusively establish that the officers acted in bad faith or with malicious purpose.
-
M.D. Fla.·
2020-10-26
The court held that the defendant doctor was entitled to summary judgment because the plaintiff failed to present evidence of deliberate indifference to a serious medical need, as required for an Eighth Amendment claim.
-
M.D. Fla.·
2020-10-20
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper vehicle to challenge prison conditions, and such claims must be brought as a civil rights action under 28 U.S.C. § 1983.
-
M.D. Fla.·
2020-10-20
The court held that the plaintiff's claims were not properly exhausted because he did not pursue all available administrative remedies before filing suit.
-
M.D. Fla.·
2020-10-20
The court held that a state prisoner's claims challenging the conditions of confinement, even if related to Covid-19, must be brought under 28 U.S.C. § 1983, not 28 U.S.C. § 2241 habeas corpus.
-
S.D. Fla.·
2020-10-19
The court held that the plaintiff's pro se complaint failed to state claims for unreasonable search, sexual assault, retaliation, and due process violations.
-
M.D. Fla.·
2020-10-19
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to conclusory allegations lacking factual support.
-
M.D. Fla.·
2020-10-19
The court held that the plaintiff failed to state a plausible claim for false arrest or violation of freedom of speech against Officer Suttle, and consequently, the claim against the City based on Suttle's actions was also dismissed.
-
M.D. Fla.·
2020-10-19
The court held that a civilly committed individual's claim that a medical professional denied him medical marijuana for glaucoma fails to state a constitutional claim, as it does not allege a substantial departure from accepted professional judgment.
-
M.D. Fla.·
2020-10-15
The court denied the motion to dismiss, finding the amended complaint was not a shotgun pleading, claims were not moot, defendants were not entitled to immunity at this stage, and a plausible claim was stated.
-
S.D. Fla.·
2020-10-14
The court held that while the plaintiff's breach of contract claim was preempted by Section 301 and thus arose under federal law, it would not be reinstated as a Section 301 claim because the plaintiff failed to plead exhaustion of contractual remedies and the claim was not a hyb
-
S.D. Fla.·
2020-10-14
The court accepted and adopted the magistrate judge's report, dismissing the plaintiff's complaint without prejudice.
-
S.D. Fla.·
2020-10-14
The court held that the plaintiff's conclusory allegations regarding the amount of food provided were insufficient to state a constitutional claim for relief under 42 U.S.C. § 1983.
-
M.D. Fla.·
2020-10-14
The court held that the plaintiff failed to state plausible claims against certain defendants because the complaint lacked sufficient factual allegations to support the allegations of excessive force.
-
M.D. Fla.·
2020-10-14
The court held that it must abstain from exercising jurisdiction over the plaintiff's claims under the Younger abstention doctrine due to ongoing state court proceedings involving important state interests.
-
M.D. Fla.·
2020-10-14
The court held that the plaintiff's complaint failed to state a claim for an Eighth Amendment violation because the allegations amounted to simple negligence, not deliberate indifference.
-
S.D. Fla.·
2020-10-13
The court recommended dismissal of the amended complaint without prejudice because the plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis.
-
M.D. Fla.·
2020-10-12
Peter Vigue, a homeless person, challenged the constitutionality of two Florida statutes that prohibited charitable solicitation on public roadways without a permit, alleging violations of his First Amendment right to free speech. The court ruled that Florida Statutes § 316.2045
-
S.D. Fla.·
2020-10-08
A pro se inmate's petition challenging prison conditions, even if styled as a habeas corpus petition, should be construed as a complaint under 42 U.S.C. § 1983 and dismissed for failure to exhaust administrative remedies.
-
M.D. Fla.·
2020-10-07
The court held that the plaintiff failed to state claims for denial of access to courts, retaliation, illegal searches, and due process violations, warranting dismissal of the complaint.
-
M.D. Fla.·
2020-10-05
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against any defendant because his allegations amounted to negligence, not deliberate indifference to serious medical needs, and he did not plead facts establishing an official policy or custom for th
-
M.D. Fla.·
2020-10-02
The court held that the plaintiff's claims were barred by the statute of limitations and that equitable tolling was not warranted.
-
S.D. Fla.·
2020-10-02
The court held that a successive habeas corpus petition filed without authorization from the court of appeals must be dismissed for lack of jurisdiction.
-
M.D. Fla.·
2020-10-01
The court held that the plaintiff inmate failed to state a plausible claim for relief under the First, Fourth, Fifth, and Eighth Amendments, and dismissed the case without prejudice.
-
M.D. Fla.·
2020-09-30
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 and that his motion for preliminary injunction was also deficient.
-
M.D. Fla.·
2020-09-30
The court held that the plaintiff failed to state a claim for a due process violation because he did not allege a deprivation of a constitutionally protected liberty interest.
-
M.D. Fla.·
2020-09-30
The court held that the plaintiff's claims against judges and prosecutors were barred by absolute immunity and that the malicious prosecution claim was premature. The court also abstained from interfering with the ongoing state criminal proceedings.
-
M.D. Fla.·
2020-09-29
The court held that the plaintiff's complaint failed to adequately set forth his claims due to a lack of specific factual allegations, unclear relation between incidents, and inclusion of extraneous information.
-
M.D. Fla.·
2020-09-29
The court held that the course of proceedings indicated the defendants were sued in both their individual and official capacities, despite the lack of clarity in the pleadings.
-
M.D. Fla.·
2020-09-28
The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to conclusory allegations lacking specific facts.
-
M.D. Fla.·
2020-09-28
The court held that the plaintiff inmate failed to state a plausible claim for an Eighth Amendment violation against the defendant officers.