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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S.D. Fla.·
2020-01-29
The court held that the excessive force claim against the deputies was plausible and could be replead, but the false arrest claim was dismissed with prejudice as amendment would be futile.
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S.D. Fla.·
2020-01-29
The court held that the plaintiff's complaint must be dismissed without prejudice because he is a 'three striker' and must pay the filing fee, and he does not qualify for the imminent danger exception.
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M.D. Fla.·
2020-01-24
The court held that a supervisory official cannot be held liable under § 1983 for subordinates' actions absent personal involvement or a policy of deliberate indifference.
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M.D. Fla.·
2020-01-23
A prisoner must properly exhaust all available administrative remedies before filing a § 1983 claim, and failure to resubmit an appeal after it was returned without action constitutes a failure to exhaust.
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M.D. Fla.·
2020-01-23
The court denied the motion to dismiss, finding that the plaintiff had sufficiently alleged a claim for deliberate indifference to serious medical needs and had not clearly failed to exhaust administrative remedies.
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M.D. Fla.·
2020-01-23
The court granted summary judgment for the defendants, finding no evidence of constitutional violations or state law claims sufficient to overcome qualified immunity or Monell liability.
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M.D. Fla.·
2020-01-23
The court held that the plaintiff sufficiently stated claims for racial and national origin discrimination under Title VII and the Florida Civil Rights Act, but failed to sufficiently plead claims for retaliation and a § 1983 violation.
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M.D. Fla.·
2020-01-16
The court held that most of the plaintiff's claims were conclusory or failed to state a claim upon which relief could be granted, but allowed claims against one defendant to proceed.
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M.D. Fla.·
2020-01-15
The court held that the plaintiff's motion for injunctive relief was denied and the case was dismissed without prejudice because he failed to comply with local rules and did not file a proper complaint.
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a plausible claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2020-01-13
The court held that the plaintiff's second amended complaint was dismissed because it continued to suffer from pleading deficiencies, including being a shotgun pleading and failing to state a viable federal claim.
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S.D. Fla.·
2020-01-09
The court held that the plaintiff's complaint was legally frivolous and failed to state a claim upon which relief could be granted, warranting dismissal.
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M.D. Fla.·
2020-01-09
The court held that the case should be transferred to the Middle District of Florida because the events giving rise to the claim occurred in Polk County, which is within that district's jurisdiction.
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S.D. Fla.·
2020-01-08
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to comply with the Federal Rules of Civil Procedure, warranting dismissal.
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M.D. Fla.·
2020-01-08
The court denied the motion to dismiss, finding the plaintiff sufficiently alleged deliberate indifference and retaliation claims, and that he properly exhausted administrative remedies.
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M.D. Fla.·
2020-01-08
The court denied the defendant's motion for attorneys' fees, finding that the plaintiff's suit was not vexatious, frivolous, or brought to harass.
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M.D. Fla.·
2020-01-02
The court held that the plaintiff failed to allege facts sufficient to state a substantive due process claim under the Fourteenth Amendment, as the alleged conduct did not rise to the level of conscience-shocking.
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M.D. Fla.·
2019-12-31
The court held that the Fort Myers Police Department is not a legal entity capable of being sued and granted dismissal, but allowed the plaintiff to amend the complaint to name a proper party.
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S.D. Fla.·
2019-12-30
The court held that the plaintiff's claims of wrongful incarceration failed because the sentencing documents clearly established a 91.8-month sentence, not the 60-month sentence alleged.
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M.D. Fla.·
2019-12-26
The court held that the plaintiff failed to state a claim under Section 1983 because he did not allege facts showing a deprivation of a constitutional right or municipal liability.
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S.D. Fla.·
2019-12-23
The court held that the plaintiff failed to state a claim for defamation under § 1983 because he did not allege a common law defamation claim under Florida law and did not establish a constitutional injury, and that the defendant prosecutor was entitled to qualified immunity. The
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M.D. Fla.·
2019-12-23
The court held that 18 U.S.C. § 3509(d) does not create a federal right enforceable under 42 U.S.C. § 1983 and does not impose a statutory duty for state law negligence claims, leading to dismissal of those claims.
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M.D. Fla.·
2019-12-20
The court held that the Rooker-Feldman doctrine barred federal jurisdiction over claims challenging state court judgments, and thus dismissed federal claims with prejudice and declined supplemental jurisdiction over state law claims.
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M.D. Fla.·
2019-12-19
The court held that the plaintiff's allegations were sufficient to state a claim for racial discrimination under 42 U.S.C. § 1983, thus denying the defendants' motion to dismiss.
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M.D. Fla.·
2019-12-13
The court held that the plaintiff failed to state a claim under the Eighth Amendment and that official capacity claims for damages were barred by the Eleventh Amendment.
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S.D. Fla.·
2019-12-12
The court granted defendants' motions to dismiss, finding the plaintiff failed to state a claim for false arrest (construed as malicious prosecution), supervisory liability, or failure to train under section 1983.
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M.D. Fla.·
2019-12-10
The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983, even when liberally construed.
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M.D. Fla.·
2019-12-10
The court held that the amended complaint failed to state a claim and that the defendant was entitled to qualified immunity, but granted the plaintiff one final opportunity to amend.
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M.D. Fla.·
2019-12-09
The court held that the Florida Department of Corrections is an arm of the state and thus not a "person" subject to suit under 42 U.S.C. § 1983. Furthermore, the plaintiff failed to adequately allege a failure to train claim against the FDOC as a governmental entity.
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M.D. Fla.·
2019-12-09
The court held that the plaintiffs failed to sufficiently plead claims for negligent supervision/training and violation of 42 U.S.C. § 1983, even after multiple opportunities to amend their complaint.
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S.D. Fla.·
2019-12-06
The court held that claims against Judge Meadows were barred by judicial and sovereign immunity, and claims against attorney Hicks failed to state a claim. Claims against attorney Mildner were dismissed for failure to state a claim and ordered repleaded.
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M.D. Fla.·
2019-12-06
The court held that the plaintiff's amended complaint failed to state a claim for malicious prosecution and dismissed it without prejudice, granting leave to amend, and denied the motion for default judgment as premature.
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M.D. Fla.·
2019-12-06
A state court judge is immune from suit for damages and injunctive relief under § 1983 for actions taken in her judicial capacity, as the plaintiff has an adequate remedy at law through appeal.
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S.D. Fla.·
2019-12-06
The Court granted summary judgment for the defendants, finding that the officers had probable cause to arrest the plaintiffs for violating Florida Statute § 509.141, that the plaintiffs lost their expectation of privacy in the hotel room, and that the claims for negligent inflict
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M.D. Fla.·
2019-12-05
The court held that the warrantless search of the plaintiff's home was unconstitutional, and granted summary judgment for the plaintiff on this issue. However, the court denied summary judgment for the plaintiff against the City, finding a disputed issue of material fact regardin
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M.D. Fla.·
2019-12-05
The court held that the removal of the case to federal court was procedurally defective because not all defendants timely consented to the removal, thus the motion to remand is granted.
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M.D. Fla.·
2019-12-05
The court held that the existence of adequate state remedies, such as the right to appeal administrative decisions to state court, precludes a federal procedural due process claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2019-12-04
The court held that a motion to strike is not applicable to a motion to dismiss or for summary judgment, and that a motion for summary judgment filed before adequate discovery is premature and should be denied without prejudice.
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M.D. Fla.·
2019-12-03
The court held that the plaintiff's complaint fails to state a claim upon which relief can be granted due to improper joinder of unrelated claims and failure to allege actionable constitutional violations.
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S.D. Fla.·
2019-12-02
The court granted the motion to dismiss, finding the amended complaint to be an improper shotgun pleading and that the defendants were entitled to qualified immunity.
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S.D. Fla.·
2019-12-02
The court denied the motion to dismiss, finding the plaintiff's allegations sufficient to state a claim for failure to protect under the Fourteenth Amendment and negligence, and that pre-suit notice requirements were adequately pleaded.
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M.D. Fla.·
2019-11-27
The court held that the Florida Department of Corrections and New River Correctional Institution are not proper defendants in a Section 1983 action.
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M.D. Fla.·
2019-11-27
The court held that the plaintiff failed to state a claim for municipal liability under § 1983 due to lack of factual support for a policy or custom, but the state law claims against the City could proceed as sufficient facts were alleged to support the officer acting in good fai
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M.D. Fla.·
2019-11-27
The court held that HIPAA does not create a private cause of action, and a prisoner cannot recover compensatory or punitive damages for mental or emotional injury without alleging a physical injury, but nominal damages may be available.
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M.D. Fla.·
2019-11-26
The Court denied the Sheriff's motion to dismiss claims of municipal liability, battery, and false imprisonment, finding the complaint sufficiently alleged facts to state plausible claims.
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M.D. Fla.·
2019-11-26
The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the complaint.
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S.D. Fla.·
2019-11-25
The court held that the plaintiff's claims under 42 U.S.C. §§ 1983 and 1985 were time-barred by the applicable four-year statute of limitations.
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M.D. Fla.·
2019-11-25
The court granted the motion to dismiss, finding the Eighth Amendment claim mispled and the Fourteenth Amendment claim inadequately alleged, but granted the plaintiff leave to amend.
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M.D. Fla.·
2019-11-22
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief against the defendants and dismissed it without prejudice, with specific dismissals with prejudice for certain parties.