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.·
2019-09-09
The court found the plaintiff's amended complaint deficient and directed him to file a second amended complaint to address several issues.
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M.D. Fla.·
2019-09-05
The court held that a prisoner's claim for damages arising from a disciplinary proceeding is not cognizable under 42 U.S.C. § 1983 unless the disciplinary action has been invalidated.
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S.D. Fla.·
2019-08-30
The Court adopts the Magistrate Judge's Report and Recommendation, allowing all of the Plaintiff's claims to proceed.
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M.D. Fla.·
2019-08-29
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983 and was subject to dismissal.
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S.D. Fla.·
2019-08-29
The court held that the plaintiff's claims for unlawful use of force, retaliatory falsification of disciplinary reports, and failure to intervene were sufficiently pleaded to proceed against the named defendants.
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S.D. Fla.·
2019-08-28
The court held that the plaintiff's motion to amend was denied for failure to show good cause, the § 1983 claims against the Sheriff were dismissed for failure to state a claim, and supplemental jurisdiction over state law claims was declined.
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M.D. Fla.·
2019-08-28
The court held that the complaint failed to state a claim upon which relief could be granted because it did not adequately differentiate defendants' conduct and failed to allege actual injury for certain claims.
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M.D. Fla.·
2019-08-27
Gaynett Powell, an inmate, sued corrections officials under 42 U.S.C. § 1983, alleging they retaliated against him for protected speech (filing grievances and executing a witness statement) and that a doctor denied him adequate medical treatment in violation of the Eighth Amendme
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M.D. Fla.·
2019-08-27
The court held that the plaintiff inmate had properly exhausted administrative remedies, and therefore, the defendant's motion to dismiss based on failure to exhaust was denied.
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M.D. Fla.·
2019-08-26
The court held that the plaintiff's claims were conclusory and failed to state a claim upon which relief could be granted, and that challenges to the fact or duration of confinement must be brought via habeas corpus.
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M.D. Fla.·
2019-08-23
The court held that the plaintiff stated plausible claims for First Amendment retaliation and Fourteenth Amendment equal protection, but not for Eighth Amendment prison conditions or Fourteenth Amendment due process.
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S.D. Fla.·
2019-08-23
The court held that the plaintiff's claims were time-barred by the statute of limitations because the injury should have been apparent at the time of the alleged illegal search, not when the plaintiff later discovered additional evidence.
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M.D. Fla.·
2019-08-22
The court held that Plaintiff failed to establish a causal connection for his claims against supervisory defendants Woodall and Tucker, but his deliberate indifference claim against Defendant Perry could proceed.
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S.D. Fla.·
2019-08-22
The court granted pro bono counsel's application for reimbursement of litigation expenses, finding that exceptional circumstances justified exceeding the standard $7,500 limit and that the claimed expenses were reasonable and necessary.
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N.D. Fla.·
2019-08-21
The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits regarding its Contracts Clause claim, as the statute, while impairing contracts, served a significant and legitimate public purpose.
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M.D. Fla.·
2019-08-21
The court held that the plaintiff failed to state a claim for violation of his constitutional rights under Section 1983, as his allegations lacked factual support and did not identify a fundamental right or constitutionally inadequate process.
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M.D. Fla.·
2019-08-21
The Court grants defendants' motions to dismiss, finding the plaintiff's allegations insufficient to state a plausible claim for relief under federal or state law.
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M.D. Fla.·
2019-08-19
The court held that denying a prisoner's preferred medication, when other treatment was provided and medical judgment differed, does not constitute deliberate indifference to a serious medical need under the Eighth Amendment.
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M.D. Fla.·
2019-08-13
The court held that a dispute of fact existed regarding the timely submission of the inmate's administrative appeal, precluding dismissal at the first step of the Turner analysis.
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N.D. Fla.·
2019-06-16
The court held that deputies are entitled to summary judgment on federal and state claims, and the sheriff is entitled to summary judgment on federal claims, but state claims against the sheriff present complex issues warranting remand.
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273 So. 3d 227·
Fla. 1st DCA·
2019-05-21
An amended complaint raising new legal theories or federal claims can relate back to an original pleading if it arises from the same conduct and transaction and gives defendants fair notice of the factual underpinnings, even if the legal theory changes. A remand for "further proc
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11th Cir.·
2019-05-09
The court held that the second tasing of a motionless and incontinent pretrial detainee constituted excessive force, violating clearly established law, but that supervisory liability claims against the sheriff and captain failed for lack of alleged policy or custom.
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121 La. 28·
M.D. Fla.·
2019-03-25
The court held that the plaintiff's social media comments, though made as a private citizen on a matter of public concern, were not protected by the First Amendment because the employer's interest in maintaining efficiency and public confidence outweighed the employee's speech in
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11th Cir.·
2019-03-12
The court held that school officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights. Therefore, the district court's grant of summary judgment is affirmed.
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106 La. 356·
S.D. Fla.·
2018-10-23
The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
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31 La. 184·
M.D. Fla.·
2018-08-24
The court held that Sheriff Gibson was not a final policymaker regarding Lopez's demotion because the Career Service Appeals Board provided meaningful administrative review, thus precluding municipal liability under § 1983.
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249 So. 3d 1323·
Fla. 1st DCA·
2018-07-25
Section 194.171(5) and (6), Florida Statutes make it a jurisdictional requirement that all taxes assessed in years after an action is brought must be paid before delinquency. When a taxpayer fails to pay subsequent years' taxes before delinquency, the trial court loses subject ma
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232 So. 3d 533·
Fla. 2d DCA·
2017-12-29
The court held that the trial court erred in entering a temporary injunction against Deputy Trowell because the inmate's petition failed to allege sufficient incidents of violence.
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253 So. 3d 662·
Fla. 2d DCA·
2017-11-29
Pinellas County appeals a judgment awarding Richman Group over $16.5 million in damages under 42 U.S.C. § 1983 for alleged violations of substantive due process and equal protection rights when the County Planning Authority denied Richman's proposed amendment to change industrial
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Del. Super. Ct.·
2017-10-31
The Delaware Superior Court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The court determined that the defendants were immune under the Delaware State Tort Claims Act because their actions were d
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5 La. 472·
S.D. Fla.·
2017-10-23
The court held that evidence of the underlying facts of the arrest and the plaintiff's drug use at the time are admissible.
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Del. Super. Ct.·
2017-10-11
The Court granted Plaintiffs' Motion to Amend the Complaint, allowing them to add new defendants and a new claim. The Court found that the amendments satisfied the requirements of Delaware Superior Court Civil Rule 15, including the relation back provisions, and that justice requ
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S.D. Fla.·
2017-07-05
The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
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Del. Super. Ct.·
2017-03-22
The Superior Court of Delaware held that Section 1983 claims brought in state court must meet the plausibility standard, requiring specific factual allegations to support the claim. The court also affirmed that state law personal injury claims against state employees are barred b
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Del. Super. Ct.·
2016-12-09
The court granted defendants' motions to dismiss, finding that the plaintiff, who is not licensed to practice law in Delaware, cannot represent other plaintiffs. Additionally, res judicata barred most of the plaintiff's claims and those of his children. Claims against unnamed emp
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2016 U.S. Dist. LEXIS 164409·
S.D. Fla.·
2016-11-28
A prisoner must exhaust all available administrative remedies before filing a § 1983 action, and failure to do so mandates dismissal.
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199 So. 3d 399·
Fla. 4th DCA·
2016-08-17
Appellant former Mayor Zuccarelli was found liable by jury for selectively enforcing town ordinances against the plaintiffs in violation of their equal protection rights, resulting in a $1.1 million judgment. The appellate court reversed, finding no competent substantial evidence
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Del. Super. Ct.·
2016-08-03
The court granted the State Defendants' motion to dismiss. Sovereign immunity bars all state law claims. The Child Abuse Prevention and Treatment Act (CAPTA) does not provide a private cause of action. The Rehabilitation Act claim fails because the plaintiff did not allege discri
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Del. Ch.·
2016-05-05
The court granted the defendants' motion to dismiss, finding that the plaintiffs' claims were time-barred by the applicable statutes of limitations and that no tolling doctrines applied. The court determined that the plaintiffs were aware of the alleged wrongful acts by 2005 at t
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187 So. 3d 871·
Fla. 3d DCA·
2016-02-24
Three DCF employees appeal orders denying their motions to dismiss § 1983 civil rights claims brought on behalf of two adopted children who alleged the employees failed to properly investigate and follow up on abuse reports. The court reversed dismissals as to G.K.'s claims again
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2016 U.S. Dist. LEXIS 24255·
S.D. Fla.·
2016-02-23
The court held that the plaintiff's claims under 42 U.S.C. § 1981 were properly dismissed without prejudice for failure to state a claim, but her claims under Title VII and the Florida Civil Rights Act could proceed.
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2015 U.S. Dist. LEXIS 150542·
S.D. Fla.·
2015-10-19
The court held that the officers were entitled to qualified immunity as they had arguable probable cause for the arrest, and that the plaintiff failed to establish a gender discrimination claim or municipal liability.
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Del. Ch.·
2015-10-07
The court denied the school district's motion to dismiss, finding that the plaintiffs' complaint stated valid claims under both federal and state law. The court held that the district's actions, including targeted get-out-the-vote efforts, providing rewards for voting, and engagi
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Del. Super. Ct.·
2015-04-03
The court denied in part and granted in part the defendants' motion to dismiss. The court found that res judicata did not apply, that a statute allowing warrantless seizure of dangerous dogs did not override constitutional protections, and that Mrs. Smith was collaterally estoppe
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S.D. Fla.·
2015-02-27
The court granted summary judgment for the defendants, finding no genuine dispute of material fact regarding the plaintiff's claims of age and race discrimination.
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2015 U.S. Dist. LEXIS 23737·
S.D. Fla.·
2015-02-06
The court held that the officer was entitled to qualified immunity because the plaintiff failed to sufficiently plead a constitutional violation, as arguable probable cause existed for the arrest and arguable reasonable suspicion for the traffic stop.
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S.D. Fla.·
2015-02-04
The court held that Officer Lopez is entitled to qualified immunity, but Officer Baron is not, as his repeated taser deployments may have violated clearly established law regarding excessive force.
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2014 U.S. Dist. LEXIS 154295·
S.D. Fla.·
2014-10-30
The court held that the plaintiff adequately alleged false arrest claims, but dismissed the battery claim as it was an ordinary incident of arrest.
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The court held that the plaintiff's amended complaint was a shotgun pleading and that the defendants were entitled to absolute immunity for their quasi-judicial actions in investigating the plaintiff's discrimination claim.
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2014 U.S. Dist. LEXIS 131713·
S.D. Fla.·
2014-09-19
The court held that collateral estoppel does not preclude the plaintiffs' constitutional claims, and the analysis for First Amendment retaliation and substantive due process claims is not appropriate on a motion for judgment on the pleadings.