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.·
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.
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N.D. Fla.·
2020-09-25
The court held that the magistrate judge's recommendation to transfer the case to the Northern District of Florida for improper venue was not clearly erroneous and should be adopted.
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S.D. Fla.·
2020-09-25
The court held that new evidence created genuine issues of material fact precluding summary judgment on certain civil rights and negligence claims against Deputy Thompkins and Sheriff Bradshaw, while affirming summary judgment for Deputy Jones on all claims.
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S.D. Fla.·
2020-09-25
The court accepted and adopted the magistrate judge's report and recommendation to transfer the case.
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N.D. Fla.·
2020-09-25
The court held that a prisoner subject to the 'three-strikes' rule must pay the filing fee unless they allege imminent danger of serious physical injury, which the plaintiff failed to do.
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M.D. Fla.·
2020-09-25
A prisoner cannot recover for mental or emotional injury without a prior showing of physical injury or the commission of a sexual act, and supervisory officials are not liable for subordinates' acts without personal participation or a causal connection.
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M.D. Fla.·
2020-09-25
The court held that the plaintiff failed to state a claim for an Eighth Amendment violation because the alleged conduct did not amount to deliberate indifference to serious harm, and the PLRA bars claims for mental or emotional injury without physical injury.
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S.D. Fla.·
2020-09-24
The court granted the motion to dismiss, finding the Broward County Sheriff's Office is not a legal entity and that the plaintiff failed to adequately plead deliberate indifference for ADA/RA claims and custom/policy for Section 1983 claims.
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M.D. Fla.·
2020-09-23
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 for deliberate indifference to a serious medical need.
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S.D. Fla.·
2020-09-22
A prosecutor is absolutely immune from civil rights suits for damages when acting within their prosecutorial functions, including initiating and refiling charges.
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M.D. Fla.·
2020-09-21
The court held that Deputy Goepfert is entitled to qualified immunity because his actions in using a taser were reasonable under the circumstances, and Sheriff Gualtieri is not liable because he did not personally participate in the alleged constitutional violation and there was
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M.D. Fla.·
2020-09-21
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious medical need under Section 1983 and that the state law negligence claim was properly dismissed for failure to comply with statutory pre-suit notice requirements.
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M.D. Fla.·
2020-09-18
The court held that the Third Amended Complaint failed to adequately allege a custom or policy for deliberate indifference claims against the City and County, and failed to identify a specific contract for breach of contract claims. Individual deliberate indifference claims again
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M.D. Fla.·
2020-09-17
The court granted in part and denied in part motions to dismiss, finding that some claims against officers Moody and Faltz could proceed, but claims against Warden Lee were dismissed.
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M.D. Fla.·
2020-09-16
The court recommended denying the motion to proceed in forma pauperis on appeal because the appeal was untimely, filed by an unauthorized representative, lacked a proper affidavit of indigency, and was not taken in good faith.
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M.D. Fla.·
2020-09-14
The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted, and thus it is dismissed.
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M.D. Fla.·
2020-09-14
The court held that the plaintiffs failed to state a plausible claim for relief under § 1983 for First Amendment retaliation, Fourteenth Amendment equal protection, or injunctive relief, and that claims against certain defendants were based on impermissible respondeat superior.
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M.D. Fla.·
2020-09-11
The court held that the settlement amount, but not the entire agreement, is discoverable for set-off purposes.
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The court held that the defendant doctor was not deliberately indifferent to the plaintiff's serious medical needs and that the plaintiff's claims for violation of religious rights and breach of contract also failed.
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M.D. Fla.·
2020-09-07
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not adequately allege a policy or custom for the official capacity claim and did not sufficiently plead the absence of probable cause for the individual capacity claim. The court also
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S.D. Fla.·
2020-09-04
The court held that the amended complaint failed to state a claim under Title VII because it did not allege the defendant employer had fifteen or more employees, but granted leave to amend.
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M.D. Fla.·
2020-09-03
The court held that genuine disputes of material fact preclude summary judgment on claims of false arrest and excessive force, requiring these issues to proceed to trial.
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The court adopted the Magistrate Judge's report, finding the plaintiff failed to exhaust administrative remedies and did not demonstrate deliberate indifference to his serious medical needs.
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M.D. Fla.·
2020-09-02
The court held that genuine disputes of material fact exist regarding Dr. Campbell's knowledge of the plaintiff's diagnosis and reasons for denying surgery, allowing the deliberate indifference claim against him to proceed, and that genuine disputes exist regarding the negligence
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M.D. Fla.·
2020-09-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs because he did not identify an official policy or custom of the defendant that caused the alleged constitutional violation.
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N.D. Fla.·
2020-09-02
The court held that the plaintiffs lacked standing to bring their claims, and therefore, amendment of the complaint would be futile.
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The court held that the defendants, who were not medical professionals and lacked direct involvement in the plaintiff's medical care, were entitled to summary judgment on the plaintiff's claims of deliberate indifference.
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S.D. Fla.·
2020-09-01
The court granted in part and denied in part the motion to dismiss, dismissing negligence, assault, and battery claims against the United States, but allowing the false imprisonment claim to proceed. The court also dismissed duplicative claims against the agents and denied qualif
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M.D. Fla.·
2020-08-31
The court held that the plaintiff failed to state a claim against the Sheriff's Office and Deputy Chronis, but granted her leave to amend the complaint.
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M.D. Fla.·
2020-08-28
A prisoner's civil rights complaint alleging violations of a state landlord-tenant statute, without alleging a deprivation of federally protected rights, fails to state a claim under 42 U.S.C. § 1983. Negligent acts causing unintended injury do not implicate due process.
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M.D. Fla.·
2020-08-28
The court held that the plaintiffs' complaint failed to state a plausible claim under the Fourteenth Amendment and § 1983 because the alleged changes to the facility's operations were reasonably related to a legitimate governmental objective.
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M.D. Fla.·
2020-08-27
The court held that plaintiff failed to state a plausible Eighth Amendment claim against Defendant Honour due to lack of alleged personal involvement or causal connection. The court found sufficient allegations against Defendant Reddish to proceed.
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M.D. Fla.·
2020-08-26
The court held that the officers were entitled to qualified immunity because their actions, including the warrantless entry and use of a police dog, did not violate the plaintiff's clearly established Fourth Amendment rights.
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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S.D. Fla.·
2020-08-21
The court held that the plaintiff demonstrated good cause to amend his complaint after the deadline, and the proposed amendments were not futile.
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M.D. Fla.·
2020-08-20
A prisoner's failure to exhaust available administrative remedies, evident on the face of the complaint, requires dismissal of the action.
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S.D. Fla.·
2020-08-19
The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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M.D. Fla.·
2020-08-18
The court held that Deputy Wallace had probable cause to arrest the plaintiff for a traffic violation, entitling him to qualified immunity and summary judgment on false arrest claims. The Sheriff was also granted summary judgment on ADA and RA claims due to lack of evidence of de
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M.D. Fla.·
2020-08-18
The court denied the City of Venice's motion to dismiss Count I, finding the plaintiff sufficiently alleged a municipal custom of racial discrimination and causation.
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M.D. Fla.·
2020-08-14
The court held that the plaintiff failed to sufficiently allege a municipal policy or custom for his excessive force and inadequate medical treatment claims, and also failed to properly serve one defendant, leading to dismissal of federal claims and remand of the state law claim.
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The court held that there was no evidence that the defendant acted with deliberate indifference to the plaintiff's serious medical needs, and therefore summary judgment for the defendant was appropriate.
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M.D. Fla.·
2020-08-10
The court held that the State of Florida is immune from suit under the Eleventh Amendment for claims brought under 42 U.S.C. § 1983, and thus the plaintiffs failed to state a claim upon which relief can be granted.
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M.D. Fla.·
2020-08-07
The court held that the plaintiffs' claims against the State of Florida under 42 U.S.C. § 1983 are barred by the Eleventh Amendment and fail to state a claim upon which relief can be granted.
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S.D. Fla.·
2020-08-07
A federal court lacks jurisdiction to grant a writ of habeas corpus under 28 U.S.C. § 2241 when the petitioner is not in the custody of the respondent authority, and an immigration detainer alone does not satisfy this requirement.
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M.D. Fla.·
2020-08-06
The court held that the plaintiff's Monell claims against the Sheriff were not time-barred on the face of the complaint but failed to state a claim upon which relief could be granted and were dismissed without prejudice.
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M.D. Fla.·
2020-08-03
The court held that Eleventh Amendment immunity bars state law claims and federal claims for monetary damages against the warden in his official capacity.
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S.D. Fla.·
2020-07-31
The court held that the plaintiff's amended complaint must be dismissed as frivolous because the claims against the judge are barred by judicial immunity, claims against the state are barred by the Eleventh Amendment, and claims against private defendants fail to allege state act
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M.D. Fla.·
2020-07-31
The court held that the plaintiff failed to exhaust administrative remedies for his failure-to-protect claim against Defendant Jones. The court also found that the plaintiff's allegations regarding deliberate indifference to serious medical needs against Corizon Health Provider d
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The Court adopted the Magistrate Judge's Report and Recommendation, dismissing the Plaintiff's Second Amended Complaint without prejudice.
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M.D. Fla.·
2020-07-31
The court held that the defendant officer was entitled to qualified immunity for excessive force and battery claims, and the negligence claim was impermissible under Florida law.