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M.D. Fla.·
2020-11-23
The court held that Count 2 of the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, requiring repleader.
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M.D. Fla.·
2020-11-23
The court held that the plaintiff failed to establish a genuine dispute of material fact regarding Corizon's alleged policy or custom of deliberate indifference to serious medical needs, and thus summary judgment for Corizon was appropriate.
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M.D. Fla.·
2020-10-21
The court held that the plaintiff's allegations sufficiently pleaded a failure-to-train claim against the Sheriff under Monell, precluding judgment on the pleadings.
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M.D. Fla.·
2020-09-21
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious medical need under Section 1983 and that the state law negligence claim was properly dismissed for failure to comply with statutory pre-suit notice requirements.
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M.D. Fla.·
2020-09-21
The court held that Deputy Goepfert is entitled to qualified immunity because his actions in using a taser were reasonable under the circumstances, and Sheriff Gualtieri is not liable because he did not personally participate in the alleged constitutional violation and there was
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M.D. Fla.·
2020-09-17
The court granted in part and denied in part motions to dismiss, finding that some claims against officers Moody and Faltz could proceed, but claims against Warden Lee were dismissed.
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M.D. Fla.·
2020-08-18
The court denied the City of Venice's motion to dismiss Count I, finding the plaintiff sufficiently alleged a municipal custom of racial discrimination and causation.
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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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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.·
2020-03-31
Former inmate Orvel Lloyd brought a civil rights action under 42 U.S.C. § 1983 alleging that sheriff's deputies violated his Fourth Amendment rights during a traffic stop, search, and arrest, and that the sheriff was liable for their conduct. The federal district court granted su
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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.·
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.·
2019-11-06
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.·
2019-10-28
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.·
2019-09-11
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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850 F. Supp. 2d 795·
S.D. Fla.·
2014-01-13
The court held that an insurance broker may have an enhanced duty of care to advise a client on the amount of coverage prudently needed if a "special relationship" exists, and that genuine issues of material fact preclude summary judgment.
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840 F. Supp. 2d 898·
S.D. Fla.·
2013-11-13
The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
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697 F. Supp. 2d 1312·
S.D. Fla.·
2010-03-18
Summary judgment was granted for the defendants because the plaintiff failed to present admissible evidence showing deliberate indifference to serious medical needs or negligence.
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681 F. Supp. 2d 1313·
M.D. Fla.·
2009-12-31
Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
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566 F. Supp. 2d 1334·
M.D. Fla.·
2008-07-15
The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
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563 F. Supp. 2d 1315·
M.D. Fla.·
2008-05-27
Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
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898 F. Supp. 852·
M.D. Fla.·
1995-05-15
The court held that the school board had no constitutional duty to protect the student from suicide and that the failure to train staff did not rise to the level of deliberate indifference required for municipal liability under Section 1983.
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996 F.2d 745·
5th Cir.·
1993-07-20
The court held that the school district's transfer of a teacher accused of sexual abuse, despite prior allegations and a formal policy, did not demonstrate deliberate indifference to students' constitutional rights, and thus reversed the jury's verdict. The court also found that
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997 F.2d 730·
10th Cir.·
1993-06-23
The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
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844 F.2d 1414·
10th Cir.·
1988-04-14
The court held that the employer's negligence in training and supervision, and the employee's failure to follow company policy during a robbery, were proximate causes of the plaintiff's injuries, and that worker's compensation was not the exclusive remedy because the assault was
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689 F. Supp. 1082·
M.D. Fla.·
1988-03-01
The court held that the plaintiff failed to establish a prima facie case for failure to hire and failure to train, and that the defendant rebutted the presumption of discrimination for constructive discharge.