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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S.D. Fla.·
2022-02-15
The court granted the City of Vero Beach's motion to dismiss, finding the plaintiff failed to state a claim for municipal liability under § 1983. The court converted the individual defendants' motion to dismiss into a motion for summary judgment.
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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.·
2022-02-07
The court held that a defendant cannot use Federal Rule of Civil Procedure 67 to confess judgment and deposit funds to unilaterally moot claims against individual defendants, and that defendants must answer interrogatories seeking the factual basis for their affirmative defenses.
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S.D. Fla.·
2022-01-31
The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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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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S.D. Fla.·
2022-01-12
The court held that the plaintiff failed to establish municipal liability under § 1983 because the allegations regarding the City Manager's final policymaking authority were conclusory and unsupported by facts, and the City Manager's decisions were subject to review by the City C
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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.·
2022-01-04
The court held that the plaintiffs failed to state an Eighth Amendment claim against Dr. Pedroza, but sufficiently alleged deliberate indifference against Dr. Salman.
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S.D. Fla.·
2021-12-03
The court held that the plaintiff failed to state a claim for a due process violation or a conspiracy under 42 U.S.C. § 1983, and therefore granted the defendants' motion to dismiss.
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M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
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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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S.D. Fla.·
2021-10-27
The court held that the plaintiff failed to state a claim for municipal liability under 42 U.S.C. § 1983 and dismissed the intentional infliction of emotional distress claim, but denied the motion to dismiss the complaint as a shotgun pleading.
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M.D. Fla.·
2021-10-25
The court held that the Sheriff's office lacks capacity to be sued and that the estate failed to state a Monell claim or comply with Florida's presuit screening requirements for negligence claims.
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M.D. Fla.·
2021-10-19
The court held that a pretrial detainee's claim for denial of access to the courts regarding a civil forfeiture proceeding fails because such proceedings are not protected by the right of access to the courts, and the detainee failed to allege a nonfrivolous underlying claim.
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S.D. Fla.·
2021-10-18
The court held that the plaintiff failed to state a claim for failure to intervene and for deliberately indifferent policies, practices, customs, training, and supervision.
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N.D. Fla.·
2021-10-14
The court held that the plaintiff's fourth amended complaint failed to state a plausible claim for relief under the Eighth Amendment or the Americans with Disabilities Act against any of the defendants.
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S.D. Fla.·
2021-10-08
The court held that the complaint, while containing some improper re-incorporation of paragraphs, provided sufficient notice and was not a shotgun pleading; however, the federal claims against the County and MDPD were dismissed for failure to adequately allege a municipal policy
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S.D. Fla.·
2021-10-05
The court held that the plaintiff failed to adequately plead a municipal custom or policy to establish municipal liability under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-05
The court granted in part and denied in part the motion to dismiss, denying the motion to strike.
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S.D. Fla.·
2021-09-30
Florida Carry, a gun rights advocacy group, challenged the police detention and disarming of its members during a June 2018 "open carry" event on a Miami Beach pier, bringing federal civil rights claims under the Fourth and First Amendments and Section 1983. The court granted sum
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M.D. Fla.·
2021-09-29
A 50-page handwritten amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to file a second amended complaint that complies with pleading standards.
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S.D. Fla.·
2021-09-20
The court denied the plaintiff's motion for reconsideration, clarification, and leave to amend, finding no basis for reconsideration, that the clarification request was moot, and that the plaintiff failed to show good cause for an untimely amendment.
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M.D. Fla.·
2021-09-17
A police officer's use of force claim under the Fourth Amendment was dismissed as barred by qualified immunity, where the officer's conduct—including pointing a firearm, using physical contact, and deploying a taser against a non-compliant suspect—was not clearly established as u
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M.D. Fla.·
2021-09-01
The court held that the Plaintiff's claim under Florida's Whistle-blower's Act (Count I) could proceed, but his First Amendment retaliation claim (Count V) and Due Process claim (Count VI) were dismissed.
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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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S.D. Fla.·
2021-08-10
The court held that the plaintiff sufficiently pleaded that his speech involved a matter of public concern, but deferred the Pickering balancing test and qualified immunity determination to summary judgment, thus denying dismissal of the claim against the individual defendant. Ho
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M.D. Fla.·
2021-08-05
The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983 due to procedural and substantive deficiencies.
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M.D. Fla.·
2021-08-02
The court held that the defendant did not fail to demonstrate the plaintiff's failure to exhaust administrative remedies, and that the plaintiff failed to present evidence of deliberate indifference to serious medical needs, entitling the defendant to summary judgment.
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S.D. Fla.·
2021-07-26
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to a serious medical need, and thus the complaint must be dismissed.
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M.D. Fla.·
2021-07-12
The court held that summary judgment was premature due to the need for discovery, but dismissed claims against John Doe defendants and official capacity claims against other defendants. It also found that officers Smith and Mazuryk were entitled to qualified immunity on the failu
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M.D. Fla.·
2021-06-28
The court held that a plaintiff may plead alternative damages, such as survival and wrongful death claims, in the alternative within a single count at the pleading stage.
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S.D. Fla.·
2021-06-08
The court granted in part and denied in part the motion to dismiss, finding the Fourth Amendment claim against the officer could proceed, but the Fourteenth Amendment claim, Monell claims against the City, and state law assault/false imprisonment claims were dismissed.
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M.D. Fla.·
2021-06-01
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Jacksonville Sheriff's Office or Sheriff Mike Williams, either individually or in his official capacity.
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S.D. Fla.·
2021-04-30
The court held that the plaintiff failed to adequately plead a First Amendment retaliation claim under § 1983 because the alleged retaliatory conduct would not deter a person of ordinary firmness and the temporal proximity was too attenuated to infer a causal connection.
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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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N.D. Fla.·
2021-04-29
The court held that a prisoner's claims for constitutionally deficient medical care against a medical director and a contracted provider's CEO could proceed, except for the claim against the CEO in his individual capacity.
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M.D. Fla.·
2021-04-27
The court held that the arrest report could not be considered on a motion to dismiss because it was not attached to the complaint and its contents were disputed. The court also found that the plaintiff's allegations, if true, stated a claim for excessive force against Officer Gon
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M.D. Fla.·
2021-04-23
The court held that the complaint, taken as a whole, provided fair notice to the defendants regarding the claims against them, but certain claims for mental anguish under the wrongful death statute were dismissed.
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M.D. Fla.·
2021-03-30
The PLRA's three-strikes provision does not apply to cases initiated in state court and removed to federal court by defendants, and sheriff's offices/jails are not suable entities under Florida law.
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M.D. Fla.·
2021-03-29
The court held that the plaintiffs sufficiently pleaded facts to support their First Amendment retaliation claims, as they alleged speaking as private citizens on matters of public concern, and therefore denied the defendant's motion to dismiss.
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S.D. Fla.·
2021-03-17
Red Door Asian Bistro, an Asian restaurant owned by Asian-heritage plaintiffs, sued Fort Lauderdale alleging that a city mechanical inspector discriminated against them based on race and national origin by improperly denying and revoking their permits, and that the city ratified
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M.D. Fla.·
2021-03-11
The court held that the plaintiff failed to state a claim for a Fourth Amendment violation or a substantive due process violation, and therefore declined to exercise supplemental jurisdiction over the state law claims.
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M.D. Fla.·
2021-03-11
The court held that claims challenging the validity of an underlying conviction are barred by Heck v. Humphrey, but claims that do not necessarily invalidate the conviction may proceed. Recusal was denied as there was no reasonable doubt about the judge's impartiality.
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M.D. Fla.·
2021-02-23
The court held that Deputy Taylor's initial release of his K-9 to pursue fleeing suspects was objectively reasonable and did not violate the Fourth Amendment, thus granting him qualified immunity on that claim. However, the court found genuine disputes of material fact regarding
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S.D. Fla.·
2021-02-18
Eric Watkins sued police officers for falsely arresting him for exposing his genitals in a public park, claiming they violated his Fourth Amendment rights, and also brought claims for fabricating evidence, malicious prosecution, and due process violations. The court denied qualif
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S.D. Fla.·
2021-02-18
The court held that the plaintiff's complaint was a deficient "shotgun pleading" and that his application to proceed in forma pauperis was improperly filed.
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M.D. Fla.·
2021-02-16
Plaintiff's false arrest claim (Count I) was dismissed because Plaintiff failed to allege the essential elements of a false arrest claim under Florida law, including that the arrest was unreasonable and not warranted by the circumstances, and because Plaintiff did not allege that
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M.D. Fla.·
2021-02-16
The court held that the plaintiff's claims for false arrest and First Amendment retaliation failed to state a plausible claim for relief and were dismissed.
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M.D. Fla.·
2021-01-28
The court held that plaintiff plausibly alleged a policy of restricting non-emergency medical treatment against Wexford Health Sources, Inc., but dismissed claims against individual defendants for failure to state a claim or lack of personal involvement.
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S.D. Fla.·
2020-12-21
Mark Young, a deceased pretrial detainee, alleged that correctional officers at the Miami-Dade County Detention Center assaulted him without provocation and subsequently denied him adequate medical care in violation of his constitutional rights. The court partially granted and pa