639 Florida cases classified under this topic, plus 169 listed through its narrower topics · sorted by citation count · browse and sort
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M.D. Fla.·
2024-05-09
The court held that denying a grievance without personal participation in the unconstitutional conduct is insufficient to establish § 1983 liability, and a supervisor cannot be held liable under a theory of respondeat superior.
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M.D. Fla.·
2024-04-23
The court held that the third amended complaint was still a shotgun pleading and failed to state a claim, but granted the pro se plaintiff one final opportunity to amend.
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M.D. Fla.·
2024-04-12
The court held that the amended complaint failed to state a claim against the defendants in their official capacities because it did not allege an official policy or custom that caused the constitutional violation.
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S.D. Fla.·
2024-04-10
The court held that the plaintiff's Second Amended Complaint failed to sufficiently allege a Monell claim for municipal liability based on ratification or failure to train, but dismissed the claim without prejudice.
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S.D. Fla.·
2024-04-03
The court adopted the magistrate judge's report and recommendation, denying the application to proceed in forma pauperis and dismissing the amended complaint with prejudice.
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M.D. Fla.·
2024-04-01
The court held that a First Amendment retaliation claim based on a 2013 contract non-renewal and rejection for an audit committee position were properly dismissed, but the claim regarding the Director of Risk Management position was sufficiently pleaded to survive dismissal.
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M.D. Fla.·
2024-03-26
The court held that the plaintiff's allegations sufficiently stated claims for deliberate indifference to a serious medical need and a specific condition of confinement against Aramark, and for personal involvement in constitutional violations against Ms. Pierre, allowing the cas
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M.D. Fla.·
2024-03-20
The court held that the plaintiff adequately pleaded a First Amendment retaliation claim and a violation of Florida's Public Whistleblower Act, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2024-03-19
The court held that the plaintiff failed to state a claim against Centurion and dismissed her ADA, equal protection, due process, and privacy claims against it. The court also found that the plaintiff failed to properly exhaust administrative remedies regarding her claims against
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M.D. Fla.·
2024-03-15
The court held that the plaintiff failed to state a claim under Section 1983 against both the individual defendant and the municipality because the alleged conduct was private and not committed under color of state law, and the municipality's actions did not violate constitutiona
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M.D. Fla.·
2024-03-06
The court held that the complaint was a shotgun pleading and dismissed it without prejudice.
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M.D. Fla.·
2024-02-26
The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
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M.D. Fla.·
2024-02-21
The court held that consideration of attorney fees and costs is premature and should be deferred pending exhaustion of post-trial motions and appeals.
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M.D. Fla.·
2024-02-21
The court held that claims against the prosecutor and defense counsel are dismissed with prejudice, while claims against law enforcement officers are dismissed without prejudice pending amendment.
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The court held that the plaintiff's official-capacity claims against officers and claims against the police department are dismissed, but his individual-capacity excessive force claim against the officers survives for now, with leave to amend the municipal liability claim.
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M.D. Fla.·
2024-02-01
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 and that the defendants were immune from suit or the claims were otherwise deficient.
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S.D. Fla.·
2024-01-23
The court held that excessive force claims against two deputies may proceed, but claims against medical providers, a supervisor, and the county are dismissed.
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M.D. Fla.·
2024-01-10
The court held that the plaintiff failed to state an Eighth Amendment claim for deliberate indifference and that Eleventh Amendment immunity barred claims against defendants in their official capacities for monetary damages.
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M.D. Fla.·
2024-01-03
The court held that a plaintiff's request for judicial notice of prior court orders was denied because the orders were not established as final and did not demonstrate a widespread custom or policy of the municipality.
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The court held that the plaintiff failed to state a municipal liability claim against the City of Tampa and that the claim against the chief of police was redundant.
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S.D. Fla.·
2023-12-11
Homeless individuals sued the City of Miami under Section 1983, alleging that the city violated their Fourth Amendment and due process rights by seizing and destroying their personal property during encampment cleanups without adequate notice or opportunity to recover their belon
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S.D. Fla.·
2023-12-11
The court accepted the magistrate judge's report and recommendation, granting summary judgment for Sheriff Snyder because the plaintiff failed to establish sufficient notice of the deputy's misconduct to support a Monell claim for failure to train or supervise.
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S.D. Fla.·
2023-11-03
The court held that the pro se plaintiff's amended complaint failed to state a claim for deliberate indifference to serious medical needs against any defendant.
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M.D. Fla.·
2023-10-30
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against either defendant because the correctional institution is not a legal entity amenable to suit and the complaint lacked specific allegations of policy or custom for the private medica
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M.D. Fla.·
2023-10-18
The court held that the plaintiff's amended complaint failed to state a claim for wrongful arrest or false imprisonment because it did not allege facts showing a lack of probable cause for his arrest.
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M.D. Fla.·
2023-09-28
Surgret Doss sued several law enforcement officials and the City of Tampa, alleging conspiracy and malicious prosecution after a judge referred him to police for potential perjury during a foreclosure dispute, leading to his arrest and prosecution. The district court dismissed mo
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M.D. Fla.·
2023-09-21
The court held that the plaintiff failed to state plausible claims for relief under the First, Fourth, Eighth, and Fourteenth Amendments, and dismissed the complaint.
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Police Captain Sergio Perez sued the City of Opa-Locka under the First Amendment and Florida's Whistleblower Act, claiming retaliation for raising concerns about financial mismanagement and for filing the lawsuit itself. The court granted the city's motion for summary judgment on
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M.D. Fla.·
2023-09-13
The court held that the plaintiff failed to establish that the Intelligence-Led Policing Program was the "moving force" behind the alleged constitutional violations, as the program was not applied to her son as a designated "prolific offender."
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M.D. Fla.·
2023-09-05
A real estate developer sued the City of Naples and its officials for allegedly orchestrating a coordinated campaign to sabotage his commercial projects and drive him out of business through selective enforcement of building codes, false statements to lenders, and harassing condu
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M.D. Fla.·
2023-09-05
In this civil rights case, plaintiff Sanguinetti claimed that deputies and private security personnel violated his constitutional rights by allegedly using excessive force, making a false arrest, and maliciously prosecuting him without probable cause following a denied entry to a
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S.D. Fla.·
2023-08-30
The court held that Officer Verne is not entitled to qualified immunity on the Section 1983 claims for false arrest and retaliatory arrest, and the state law claims for malicious prosecution and false arrest may proceed. The court granted summary judgment for Officer Villegas on
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M.D. Fla.·
2023-08-29
The court held that the plaintiffs failed to state a claim for relief under § 1983 for violations of the First and Fourteenth Amendments, and dismissed their claims for injunctive relief and punitive damages.
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M.D. Fla.·
2023-08-17
The court held that a genuine issue of material fact exists regarding whether Deputy Harrell used excessive force, precluding summary judgment on the Fourth Amendment claim, and that Chambliss's right was clearly established.
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M.D. Fla.·
2023-08-08
The court held that Collier County's motion to dismiss the Monell claim and state law vicarious liability claims is denied, but the indemnification claim is granted.
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M.D. Fla.·
2023-08-07
The court held that the plaintiff failed to state a plausible claim for a violation of his constitutional right to bodily privacy against any defendant, dismissing the case with prejudice.
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S.D. Fla.·
2023-07-26
The court held that official capacity claims for damages are barred by the Eleventh Amendment, supervisory and corporate defendants are not liable absent personal involvement or unconstitutional policy, and the Larkin defendants' actions were not deliberately indifferent. Claims
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M.D. Fla.·
2023-07-25
The court held that the plaintiff failed to state a plausible Eighth Amendment claim against Centurion and that the FDOC Defendants were entitled to Eleventh Amendment immunity for claims in their official capacities.
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S.D. Fla.·
2023-07-24
The court held that the plaintiff's pro se complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, requiring an amended complaint.
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M.D. Fla.·
2023-07-24
The court held that the plaintiff failed to state a claim against the medical companies and Sheriff Chronister, but the case could proceed against unnamed correctional officers for discovery.
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N.D. Fla.·
2023-07-17
The federal-law claims are dismissed with prejudice, and the state-law claims are remanded to state court.
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M.D. Fla.·
2023-07-17
Nicole DeSimone, a former inmate at Flagler County Jail, brought a civil rights action under 42 U.S.C. § 1983 and Florida state law alleging that correctional officer Bradley Gilyard sexually assaulted her in January 2017 due to systemic failures in security and supervision. The
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M.D. Fla.·
2023-07-14
A motion to dismiss is rendered moot when the defendant files an answer before the motion is resolved, unless the grounds for dismissal are raised as affirmative defenses.
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S.D. Fla.·
2023-07-12
The court held that the pro se plaintiff's complaint was deficient and ordered him to file an amended complaint to cure pleading deficiencies, including failure to state claims and shotgun pleading violations.
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S.D. Fla.·
2023-07-07
The court held that the plaintiff failed to state a plausible claim for deprivation of procedural due process and denied leave to amend as futile.
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M.D. Fla.·
2023-07-06
Arthur Scott sued Cape Coral Police Department officers for excessive force and other claims arising from their March 31, 2019 response to a domestic violence call, during which Officer Vazquez tackled him and he suffered a fractured and dislocated hip. The court granted summary
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S.D. Fla.·
2023-06-01
A federal court in Miami denied in part and granted in part motions to dismiss a civil rights complaint arising from police use of force against a peaceful protester during a George Floyd demonstration in Fort Lauderdale on May 31, 2020. The court held that the plaintiff stated a
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S.D. Fla.·
2023-05-10
The court held that the City's interpretation of its zoning ordinance was impermissible, and genuine disputes of material fact precluded summary judgment on the First Amendment retaliation claim and the counterclaim. The court granted summary judgment on the Fourteenth Amendment
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M.D. Fla.·
2023-05-03
The court granted the motion to stay the case against Centurion due to the bankruptcy of co-defendant Corizon, finding the claims inextricably intertwined.
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M.D. Fla.·
2023-04-14
The court denied the plaintiff's motion for reconsideration because he failed to establish manifest errors of law or fact, or present newly discovered evidence.