12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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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.
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M.D. Fla.·
2020-07-29
The amended complaint is dismissed with prejudice because the plaintiff failed to correct the legal deficiencies identified in the initial complaint, despite being given leave to amend.
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S.D. Fla.·
2020-07-27
Public defenders are not state actors for purposes of § 1983, and the complaint was frivolous and baseless.
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N.D. Fla.·
2020-07-27
Summary judgment is granted for the defendants because the plaintiff's evidence is insufficient to establish deliberate indifference under controlling Eleventh Circuit precedent.
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N.D. Fla.·
2020-07-26
A conviction for resisting an officer without violence bars a subsequent § 1983 claim for false arrest if the conviction implies the validity of the arrest. Claims against officers in their official capacities are dismissed for failure to allege policy or custom, but excessive fo
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M.D. Fla.·
2020-07-24
The court granted defendants' motions to dismiss and for a more definite statement, dismissing the amended complaint without prejudice.
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M.D. Fla.·
2020-07-23
The court granted in part and denied in part defendants' motions to dismiss, dismissing federal claims with prejudice due to failure to state a claim or entitlement to immunity, and declining supplemental jurisdiction over state law claims.
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M.D. Fla.·
2020-07-21
The court held that the plaintiff failed to state a claim for false imprisonment or due process violations against the defendants, and that prisoners have no constitutionally protected liberty interest in grievance procedures.
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M.D. Fla.·
2020-07-20
The court held that the plaintiff's civil rights complaint was barred by the statute of limitations and the Rooker-Feldman doctrine, and thus failed to state a claim upon which relief could be granted.
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S.D. Fla.·
2020-07-20
The court granted default judgment in favor of the plaintiff on the issue of liability for excessive force, but deferred ruling on damages pending a hearing.
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S.D. Fla.·
2020-07-16
The court held that a pro se plaintiff's complaint under 42 U.S.C. § 1983 must be dismissed as frivolous if it fails to allege state action by private defendants.
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S.D. Fla.·
2020-07-14
The court held that the complaint, as written, constitutes a shotgun pleading and granted the defendants' motions to dismiss in part, but allowed the plaintiff to amend his complaint.
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S.D. Fla.·
2020-07-14
The court held that the plaintiff's complaint was dismissed without prejudice because it constituted an impermissible shotgun pleading and failed to state a claim under 42 U.S.C. § 1983 against a private insurance company.
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11th Cir.·
2020-07-13
Aubrey Williams sued officers Daniel Aguirre and Richard Haluska for malicious prosecution under the Fourth Amendment and Alabama law after they allegedly fabricated statements that he pointed a gun at them, leading to his arrest on attempted murder charges and over 16 months of
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S.D. Fla.·
2020-07-10
The court held that the complaint, default, and default judgment could be amended by interlineation to correct the defendant's name to Dr. Glenn Pearson.
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M.D. Fla.·
2020-07-10
The court granted the motion to dismiss, finding the amended complaint to be a shotgun pleading and that various claims failed on substantive grounds, including impermissible individual capacity suits, failure to plead conspiracy, and lack of recognized underlying torts for negli
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M.D. Fla.·
2020-07-09
The court held that it lacked authority to grant compassionate release and that the plaintiff failed to establish the necessary elements for injunctive relief.
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A § 1983 action is not the proper vehicle for a pretrial detainee seeking release based on speedy trial or double jeopardy claims.
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S.D. Fla.·
2020-07-08
The court granted summary judgment for the defendant, finding the plaintiff failed to establish a prima facie case for discrimination, retaliation, or a hostile work environment.
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S.D. Fla.·
2020-07-07
The court granted the City of Lauderhill's motion to dismiss, finding that the plaintiff failed to state an actionable official capacity claim in Count III and a failure to train claim in Count IV.
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The court held that a pro se prisoner's complaint alleging wrongful detention and mishandling of grievances fails to state a claim and is dismissed, but with leave to amend.
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M.D. Fla.·
2020-07-01
Quincy Williams, an inmate, sued corrections officers and Florida Department of Corrections officials under 42 U.S.C. § 1983 for excessive force and failure to protect after officers sprayed him with chemical agents and used force against him on June 1, 2016, allegedly in retalia
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M.D. Fla.·
2020-06-30
An inmate diagnosed with hepatitis C sued the Florida Department of Corrections, Centurion of Florida, and Corizon Health under the Eighth Amendment and disability discrimination statutes, alleging the defendants denied him direct-acting antiviral treatment pursuant to a cost-sav
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M.D. Fla.·
2020-06-30
The court held that the plaintiff failed to exhaust administrative remedies, requiring dismissal of his civil rights complaint.
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S.D. Fla.·
2020-06-29
The court held that the deputies were entitled to qualified immunity on the civil rights claims because the plaintiff failed to show they were deliberately indifferent to a substantial risk of harm, and that the negligence claims could proceed if timely notice requirements were m
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N.D. Fla.·
2020-06-25
The court held that a prisoner's complaint seeking a name change from a prison warden fails to state a claim upon which relief can be granted.
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M.D. Fla.·
2020-06-23
The court held that even with omitted information, the arrest warrant application demonstrated arguable probable cause that the plaintiff's use of force was unlawful, entitling the detective to qualified immunity.
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M.D. Fla.·
2020-06-22
The court held that a citizen does not have a constitutional right to have police officers arrest another citizen, and therefore, the plaintiff failed to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2020-06-18
The court held that the challenged paragraphs were not immaterial, impertinent, or scandalous and therefore denied the motion to strike.
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M.D. Fla.·
2020-06-15
The court held that the plaintiff failed to state a claim under the Fifth Amendment's Takings Clause or the Fourteenth Amendment's Due Process Clause.
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M.D. Fla.·
2020-06-11
The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983 because it did not articulate a specific federal right violated or provide sufficient factual allegations for a Fourth Amendment violation or conspiracy.
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M.D. Fla.·
2020-06-10
The court held that the plaintiff failed to exhaust his administrative remedies as required by the PLRA, warranting dismissal of his complaint.
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M.D. Fla.·
2020-06-09
The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because the defendant prison official acted reasonably by placing the plaintiff in administrative confinement and the attack occurred long after the plaintiff was tran
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N.D. Fla.·
2020-06-08
The court accepted the plaintiff's notice of voluntary dismissal, effectively dismissing the case without prejudice.
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M.D. Fla.·
2020-06-04
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted and must be amended.
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M.D. Fla.·
2020-06-03
The court held that the plaintiff's allegations of medical negligence and dissatisfaction with care did not rise to the level of deliberate indifference required for an Eighth Amendment claim under Bivens.
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S.D. Fla.·
2020-06-02
The court held that the plaintiff's claims were time-barred by the statute of limitations and that leave to amend would be futile, affirming the dismissal of the case.
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M.D. Fla.·
2020-06-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment because he did not allege an official policy or custom of the defendant that caused the alleged constitutional violation.
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M.D. Fla.·
2020-06-02
The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because the sheriff's office and jail are not legal entities, and no specific claims were made against the sheriff.
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M.D. Fla.·
2020-05-29
A judge is entitled to absolute judicial immunity from damages and relief for actions taken in their judicial capacity, even if acting maliciously or in excess of authority, unless acting in the clear absence of all jurisdiction.
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M.D. Fla.·
2020-05-28
The court held that the complaint fails to state a claim upon which relief can be granted and is subject to dismissal under the PLRA.
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M.D. Fla.·
2020-05-27
The court held that the plaintiff's filing, construed as a motion for a temporary restraining order, failed to meet the necessary legal and procedural requirements and was therefore denied.
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M.D. Fla.·
2020-05-27
The court held that the plaintiffs plausibly alleged an equal protection claim against the City for selective enforcement of a facially neutral ordinance.
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M.D. Fla.·
2020-05-27
The court held that while probable cause existed for the arrest, the plaintiff plausibly alleged excessive force and battery claims against the individual officers, but failed to state claims against the city for municipal liability or conspiracy.
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M.D. Fla.·
2020-05-27
The court held that Plaintiff sufficiently alleged race discrimination and retaliation claims under the FCRA and §1981 against Defendant Baker, but dismissed her §1983 retaliation claim against him based on qualified immunity. The court also dismissed Plaintiff's §1983 claim agai
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M.D. Fla.·
2020-05-26
A pretrial detainee's claim of denial of access to courts fails when he voluntarily waives his right to court-appointed counsel and proceeds pro se, as the offer of counsel satisfies the constitutional requirement.
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M.D. Fla.·
2020-05-26
The court held that the defendant official was not entitled to qualified immunity at the pleading stage, but the municipality was not liable under Monell because the alleged violation was a single incident, not a policy or custom.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was frivolous.
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M.D. Fla.·
2020-05-20
The court held that a prisoner cannot bring a federal civil action for mental or emotional injury without a prior showing of physical injury, and that claims against a state official in her official capacity require showing a policy or custom caused the injury.
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M.D. Fla.·
2020-05-20
The court held that a prevailing party must demonstrate the necessity and purpose of copying costs under 28 U.S.C. § 1920, and conclusory statements are insufficient.