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.·
2019-11-20
The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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M.D. Fla.·
2019-11-19
The court granted in part and denied in part the motion to dismiss, dismissing the medical malpractice claim for failure to follow pre-suit requirements and the Eighth Amendment claim for failure to state a plausible claim, but denying dismissal on other grounds.
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M.D. Fla.·
2019-11-14
The court held that the plaintiff failed to exhaust administrative remedies for his medical mistreatment claim against Nurse Beard but sufficiently exhausted his claim against Dr. Espino regarding record falsification.
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S.D. Fla.·
2019-11-08
The court granted the motion to dismiss, finding that while the plaintiff adequately alleged excessive force, the § 1983 claim against the county failed for lack of a pleaded policy or custom causing the violation.
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M.D. Fla.·
2019-11-07
The court held that genuine disputes of material fact exist regarding the plaintiff's Eighth Amendment failure to protect and conspiracy claims, precluding summary judgment.
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M.D. Fla.·
2019-11-06
The court held that the plaintiff failed to establish a pattern of similar constitutional violations by the sheriff's deputies, thus precluding municipal liability for failure to train.
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M.D. Fla.·
2019-11-06
The court held that the plaintiff failed to state an Eighth Amendment claim for failure to protect against most defendants but allowed the failure-to-intervene claim against one defendant to proceed.
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M.D. Fla.·
2019-11-05
Deputy Kasey Wingo sought summary judgment on various claims arising from two arrests of Robert Harris in 2014 and 2016, but the court granted the motion only in part. For the April 2014 arrest, the court found that disputed facts precluded summary judgment on false arrest, malic
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M.D. Fla.·
2019-11-05
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2019-11-05
The court held that a pro se plaintiff's complaint must be dismissed without prejudice for failing to state a claim upon which relief can be granted, and the motion to proceed in forma pauperis is denied as moot.
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M.D. Fla.·
2019-10-31
The court adopted the magistrate judge's recommendation to deny the application to proceed in forma pauperis and dismiss the amended complaint.
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M.D. Fla.·
2019-10-31
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs against the defendant nurse, and thus the defendant was entitled to qualified immunity.
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M.D. Fla.·
2019-10-31
The court held that the defendants failed to establish exigent circumstances to justify a warrantless entry into the plaintiff's home, thus denying their motion to dismiss based on qualified immunity for the Fourth Amendment claims.
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M.D. Fla.·
2019-10-30
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 for denial of access to the law library or exercise, and failed to allege supervisory liability.
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M.D. Fla.·
2019-10-30
The court held that the plaintiff failed to state a claim under the Eighth Amendment, Fourteenth Amendment, or for denial of access to courts, and thus the complaint was dismissed.
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S.D. Fla.·
2019-10-28
The court held that the plaintiff failed to state a claim upon which relief could be granted for his federal constitutional and state law claims, granting the defendants' motion to dismiss.
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M.D. Fla.·
2019-10-28
The court held that the plaintiff failed to exhaust administrative remedies for his claims against Defendant Lindboe, requiring dismissal of those claims.
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M.D. Fla.·
2019-10-28
The court held that the plaintiff sufficiently stated ADA and RA claims but dismissed them without prejudice due to insufficient allegations regarding damages and discriminatory intent, and dismissed the § 1983 failure to train claim for lack of specificity.
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M.D. Fla.·
2019-10-25
The court held that the plaintiff failed to allege facts sufficient to state a claim for a substantive due process violation under 42 U.S.C. § 1983, as the alleged conduct did not rise to the level of "conscience-shocking."
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M.D. Fla.·
2019-10-24
The court held that the plaintiff's amended civil rights complaint was inadequate and required a second amended complaint to properly set forth his claims.
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M.D. Fla.·
2019-10-23
The court held that principles of comity warrant abstention, requiring dismissal of the federal action without prejudice.
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M.D. Fla.·
2019-10-16
The court denied the defendants' motion to dismiss, finding that the plaintiff's allegations sufficiently stated plausible First Amendment claims regarding mail tampering and that the defendants were not entitled to qualified immunity at this stage.
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S.D. Fla.·
2019-10-10
Three minors represented in a class action alleging civil rights violations and Americans with Disabilities Act claims against a school district and county sheriff reached a settlement, and the court awarded prevailing party attorneys' fees and costs totaling $420,683.53, rejecti
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S.D. Fla.·
2019-10-09
The court held that a default judgment was appropriate and awarded compensatory damages for pain and suffering due to deliberate indifference to a serious medical need.
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M.D. Fla.·
2019-10-08
The court granted plaintiffs' motion for certification and entry of judgment pursuant to Federal Rule of Civil Procedure 54(b) to allow immediate appeal of the qualified immunity ruling.
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M.D. Fla.·
2019-10-08
The court dismissed the complaint without prejudice because it was incomplete and could not be fully assessed.
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M.D. Fla.·
2019-10-07
The court held that genuine issues of material fact preclude summary judgment on the Eighth Amendment excessive force claim, but granted summary judgment on the Eleventh Amendment claim for official capacity damages.
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M.D. Fla.·
2019-10-03
The court held that a party cannot be compelled to arbitrate if they did not agree to the arbitration provision, and a contract explicitly requiring a signature for assent to arbitration must be signed to be binding.
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M.D. Fla.·
2019-10-03
A prisoner does not have a constitutionally protected liberty interest in an inmate grievance procedure, and therefore, a claim under 42 U.S.C. § 1983 based on the denial or handling of such a grievance fails to state a claim upon which relief can be granted.
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M.D. Fla.·
2019-10-02
The court held that the plaintiffs' motion was an improper commencement of a civil action and was subject to dismissal for failure to pay the filing fee or file a motion to proceed in forma pauperis.
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M.D. Fla.·
2019-10-01
The court held that the Sheriff's office and Detention Center are not legal entities amenable to suit, and the Plaintiff failed to state a claim against the Sheriff for supervisor liability.
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S.D. Fla.·
2019-10-01
The court held that the plaintiff's complaint fails to state a claim upon which relief can be granted and is therefore dismissed without prejudice.
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N.D. Fla.·
2019-09-30
An autistic, nonverbal student and his parents sued the Okaloosa County School Board and seven individual school officials, alleging that a special education teacher and teacher's aide physically and verbally abused the student over two school years, and that school administrator
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M.D. Fla.·
2019-09-30
The court held that the officer was entitled to qualified immunity because his use of a K-9 was objectively reasonable under the circumstances and the law was not clearly established regarding the specific facts presented.
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N.D. Fla.·
2019-09-30
A nonverbal autistic child enrolled in a special education program at a public school in Florida suffered physical and verbal abuse by his special education teacher over two years while school administrators received multiple reports of the abuse but failed to intervene, investig
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N.D. Fla.·
2019-09-30
The case concerns allegations that an autistic, nonverbal student named N.R. was physically and verbally abused by a special education teacher and teacher's aide at a Florida public school over approximately two years, while school administrators failed to stop the abuse despite
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M.D. Fla.·
2019-09-27
The court granted dismissal for Defendant Morales on all claims and for Defendant Stewart on the Fourteenth Amendment and retaliation claims, but denied dismissal for Stewart on the First Amendment Free Exercise claim.
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M.D. Fla.·
2019-09-24
The court held that the plaintiff's amended complaint was deficient and required further amendment to meet pleading standards.
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M.D. Fla.·
2019-09-23
A grand jury witness has absolute immunity from a § 1983 claim based on their testimony, even if false.
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M.D. Fla.·
2019-09-23
The court held that a new trial was not warranted because the jury's verdict was not against the great weight of the evidence and any alleged errors did not render the trial fundamentally unfair or affect the plaintiff's substantial rights.
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M.D. Fla.·
2019-09-23
The court held that summary judgment was not appropriate as genuine issues of material fact existed regarding deliberate indifference to serious medical needs.
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M.D. Fla.·
2019-09-19
The court held that the plaintiff's complaint sufficiently alleged a policy or custom of deliberate indifference by Wexford Health Sources, Inc., thus denying Wexford's motion to dismiss. However, the court dismissed the complaint against Defendant Martorna for failure to state a
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S.D. Fla.·
2019-09-18
The court held that the plaintiff's motion to proceed in forma pauperis is moot because the amended complaint fails to state a claim.
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M.D. Fla.·
2019-09-16
A plaintiff cannot state a claim under 42 U.S.C. § 1983 based on a defendant's refusal to investigate or prosecute another individual for perjury, as such decisions are within prosecutorial discretion and not actionable.
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M.D. Fla.·
2019-09-16
A public employee's refusal to speak on a matter of private concern is not protected by the First Amendment, and therefore, such refusal cannot form the basis of a retaliation claim.
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S.D. Fla.·
2019-09-16
Summary judgment is granted for Dr. Castillo and the corporate defendants (Wexford and Corizon), but denied as to claims against Dr. Caraballo and Nurse Loznicka.
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M.D. Fla.·
2019-09-11
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against either defendant, warranting dismissal.
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M.D. Fla.·
2019-09-11
The court held that the plaintiff failed to present evidence of a pattern of constitutional violations or a deliberate indifference by the Sheriff to establish a failure to train claim under § 1983, and that the absence of a specific policy to segregate detainees did not amount t
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S.D. Fla.·
2019-09-10
The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding deliberate indifference to a serious medical need.
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S.D. Fla.·
2019-09-10
The court denied the plaintiff's motion to proceed anonymously, finding that the plaintiff failed to demonstrate a substantial privacy right that outweighs the presumption of openness in judicial proceedings.