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M.D. Fla.·
2022-06-30
An inmate incarcerated in Florida sought damages against a prison physician under the Eighth Amendment for deliberate indifference to serious medical needs, claiming the physician failed to reissue specialist-prescribed medical passes following shoulder surgery, refused to pursue
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M.D. Fla.·
2022-06-22
The court denied the plaintiff's motion for injunctive relief because he failed to meet the required legal standards for such relief.
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M.D. Fla.·
2022-06-21
The court held that the plaintiff failed to properly exhaust administrative remedies because his grievance was untimely filed according to the FDOC's procedural rules.
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M.D. Fla.·
2022-06-17
The court held that claims based on fabricated disciplinary reports are premature if not invalidated, and sanctions imposed (administrative confinement and CARE level reduction) do not implicate constitutional due process concerns.
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M.D. Fla.·
2022-06-08
The court held that the plaintiff's pro se civil rights complaint was too vague and conclusory to proceed.
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M.D. Fla.·
2022-05-16
The court held that a federal prisoner cannot use a § 1983 action to challenge the fact or duration of his confinement, and such claims are barred by abstention doctrines.
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M.D. Fla.·
2022-05-10
The court held that the plaintiff's amended complaint was a "shotgun pleading" and failed to state a claim with sufficient particularity, requiring him to file a second amended complaint.
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M.D. Fla.·
2022-04-14
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against either defendant.
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M.D. Fla.·
2022-03-31
The court held that the plaintiff failed to state a claim for a constitutional violation against the defendant sheriff.
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S.D. Fla.·
2022-03-21
The court held that the pro se plaintiff's complaint failed to state a claim and was a shotgun pleading, but granted leave to amend.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's amended complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-03-16
Prison inmate Jackie Berger sued Florida Department of Corrections officials for retaliation, excessive force, and denial of medical care arising from an alleged beating in Warden Lane's office on October 20, 2020, but the court dismissed his federal civil rights claims because h
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M.D. Fla.·
2022-03-14
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 because he did not allege the defendant was a state actor.
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S.D. Fla.·
2022-02-10
The court held that Plaintiff's individual capacity failure to protect claims against certain officers may proceed, but claims against others and official capacity claims are dismissed.
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M.D. Fla.·
2022-01-25
The court held that a genuine dispute of material fact exists regarding the plaintiff's excessive force claim, precluding summary judgment for the defendants on qualified immunity. The court also found the request for injunctive relief moot due to the plaintiff's transfer.
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M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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M.D. Fla.·
2022-01-12
The court held that the plaintiff inmate failed to state a claim for an Eighth Amendment violation due to deliberate indifference to serious medical needs, as his allegations were conclusory and lacked specific facts.
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M.D. Fla.·
2021-12-21
A prisoner with three or more prior dismissals for frivolousness, malice, or failure to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
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M.D. Fla.·
2021-12-09
The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
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M.D. Fla.·
2021-12-07
The court held that the plaintiff's claims against Corizon were not time-barred due to the continuing violation doctrine, and Centurion's motion to dismiss based on the three-strikes rule was denied. The court will proceed to make specific findings on the exhaustion of administra
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M.D. Fla.·
2021-12-03
The court held that the plaintiff's case is dismissed because he misrepresented his prior litigation history, and alternatively, because he failed to exhaust administrative remedies for his claim regarding sutures and failed to state a claim regarding a leaking catheter.
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M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to exhaust his administrative remedies because he did not properly follow the prison's grievance procedures, and therefore, his case must be dismissed.
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M.D. Fla.·
2021-11-15
The court held that official capacity claims against the Sheriff and officer are dismissed, but the claim against the officer can proceed as an individual capacity claim for deliberate indifference.
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M.D. Fla.·
2021-11-03
The court dismissed claims against individual defendants for failure to state a claim but allowed the case to proceed against the corporate defendant for alleged policy failures.
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M.D. Fla.·
2021-11-02
The court held that the plaintiff failed to exhaust administrative remedies and that the defendant was entitled to summary judgment on the Eighth Amendment claims.
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M.D. Fla.·
2021-10-19
The court held that the plaintiff's allegations did not state a claim for relief under the Eighth Amendment and that the requested relief was beyond the court's power.
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M.D. Fla.·
2021-10-13
The court held that the plaintiff failed to state an Eighth Amendment claim for cruel and unusual punishment due to unsanitary conditions, and his claims for injunctive relief were moot.
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M.D. Fla.·
2021-10-12
The court held that a pro se plaintiff's erroneous citation to the Eighth Amendment for excessive force during an arrest, when the Fourth Amendment applies, does not warrant dismissal on a motion for judgment on the pleadings.
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M.D. Fla.·
2021-10-12
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, even after an opportunity to amend.
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N.D. Fla.·
2021-10-06
A prisoner's complaint may be dismissed if their failure to pay the filing fee was within their control and caused by their own spending choices, rather than circumstances beyond their control.
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M.D. Fla.·
2021-09-17
A prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
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M.D. Fla.·
2021-09-09
In May 2019, prison inmate LeSamuel Palmer initiated a Section 1983 civil rights suit against Florida Department of Corrections officers after he was subjected to chemical agent spraying and forced cell extraction at Union Correctional Institution, alleging violations of his Eigh
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M.D. Fla.·
2021-08-30
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted due to vague and conclusory allegations, and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2021-08-30
A pro se prisoner cannot join multiple unrelated claims against different defendants in a single action to circumvent the Prison Litigation Reform Act's fee and three-strikes provisions.
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M.D. Fla.·
2021-08-26
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Sheriff's Office or the named officer.
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M.D. Fla.·
2021-08-23
The court held that the plaintiff's civil rights complaint was time-barred and therefore subject to dismissal.
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M.D. Fla.·
2021-08-02
The court held that the plaintiff failed to state a claim against the supervisory defendant for deliberate indifference, even though administrative remedies were exhausted.
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M.D. Fla.·
2021-07-01
An inmate incarcerated in Florida filed a civil rights action alleging that medical personnel at two correctional facilities violated his Eighth Amendment rights and discriminated against him under the ADA and Fourteenth Amendment by failing to provide adequate post-surgical care
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M.D. Fla.·
2021-06-08
The court held that the Florida Administrative Code Rule 33-501.301(3)(d), which provides interpreters for languages spoken by 5% or more of the inmate population, does not violate the Equal Protection Clause because it is rationally related to a legitimate penological interest a
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M.D. Fla.·
2021-06-07
The court held that the plaintiff's allegations, if true, may state a plausible claim for a due process violation regarding visitation restrictions, and that defendants are not entitled to qualified immunity at this stage. The court also declined to dismiss claims for injunctive
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M.D. Fla.·
2021-05-27
The court dismissed the civil rights complaint without prejudice, requiring an amended complaint with specific allegations, and denied the motion for protection.
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N.D. Fla.·
2021-05-26
The court held that a prisoner's failure to disclose prior litigation history on a court form constitutes abuse of the judicial process, warranting dismissal of the current case.
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M.D. Fla.·
2021-05-24
The court held that the plaintiff's claims were either barred by Heck v. Humphrey or insufficiently pleaded, warranting dismissal.
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M.D. Fla.·
2021-05-14
A prisoner's grievance filed after a contractor ceases providing services can satisfy the PLRA's exhaustion requirement if the claim involves an ongoing violation and the grievance alerts prison officials to the problem, allowing them an opportunity to resolve it.
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M.D. Fla.·
2021-05-05
A Florida inmate with hemophilia sued federal prison officials, claiming they were deliberately indifferent to his serious medical condition when they failed to provide emergency doses of Factor 8 medication during bleeding incidents and refused to use his port-a-cath for drug ad
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M.D. Fla.·
2021-05-04
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983, as his allegations amounted to negligence rather than deliberate indifference and did not establish supervisory liability.
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M.D. Fla.·
2021-04-30
The court held that the plaintiff failed to state a claim against any defendant under 42 U.S.C. § 1983 because he did not allege facts showing an official policy or custom caused the constitutional deprivation.
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M.D. Fla.·
2021-04-29
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 because the sheriff's office is not a suable entity and the allegations did not rise to the level of deliberate indifference required for a constitutional violation.
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M.D. Fla.·
2021-04-21
The court held that the plaintiff failed to properly exhaust his administrative remedies regarding his excessive force claim because his grievances focused on overturning a disciplinary report rather than the alleged use of force itself.