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.·
2020-12-20
The court held that claims against Officer Casey were time-barred due to failure to meet the 'mistake' requirement for relation back under Rule 15(c)(1)(C), and that official capacity claims against Chief Quiñones were dismissed because the police department is not a suable entit
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N.D. Fla.·
2020-12-08
The court granted summary judgment for the defendant prison medical provider, finding no evidence of a policy against prescribing sunblock or deliberate indifference to a serious medical need.
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M.D. Fla.·
2020-12-02
The court held that the plaintiff's Second Amended Complaint was a shotgun pleading and failed to state a claim under 42 U.S.C. § 1983 or state tort law.
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M.D. Fla.·
2020-12-01
Jesse Moody, an inmate at a Florida jail, sued jail officials under 42 U.S.C. § 1983 alleging they violated his constitutional rights by subjecting him to unlawful conditions of confinement including overcrowding, unsanitary facilities, poor air circulation, pest infestation, and
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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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S.D. Fla.·
2020-11-18
The court held that the plaintiff's claims for excessive fines and takings were impermissible collateral attacks on a final administrative order and were time-barred, the First Amendment claim was inadequately pleaded, and the declaratory relief claim was dependent on the dismiss
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M.D. Fla.·
2020-11-13
The court held that Deputy Dunn is not entitled to qualified immunity for the § 1983 false arrest claim, but the Fourteenth Amendment claims against both defendants and the battery claims are dismissed. The court also found the negligent hiring, retention, training, and supervisi
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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.·
2020-10-05
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against any defendant because his allegations amounted to negligence, not deliberate indifference to serious medical needs, and he did not plead facts establishing an official policy or custom for th
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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.·
2020-09-14
The court held that the plaintiffs failed to state a plausible claim for relief under § 1983 for First Amendment retaliation, Fourteenth Amendment equal protection, or injunctive relief, and that claims against certain defendants were based on impermissible respondeat superior.
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M.D. Fla.·
2020-09-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs because he did not identify an official policy or custom of the defendant that caused the alleged constitutional violation.
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M.D. Fla.·
2020-08-28
A prisoner's civil rights complaint alleging violations of a state landlord-tenant statute, without alleging a deprivation of federally protected rights, fails to state a claim under 42 U.S.C. § 1983. Negligent acts causing unintended injury do not implicate due process.
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The court held that the plaintiff demonstrated good cause to amend his complaint after the deadline, and the proposed amendments were not futile.
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M.D. Fla.·
2020-08-14
The court held that the plaintiff failed to sufficiently allege a municipal policy or custom for his excessive force and inadequate medical treatment claims, and also failed to properly serve one defendant, leading to dismissal of federal claims and remand of the state law claim.
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M.D. Fla.·
2020-08-06
The court held that the plaintiff's Monell claims against the Sheriff were not time-barred on the face of the complaint but failed to state a claim upon which relief could be granted and were dismissed without prejudice.
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M.D. Fla.·
2020-07-23
The court granted in part and denied in part defendants' motions to dismiss, dismissing federal claims with prejudice due to failure to state a claim or entitlement to immunity, and declining supplemental jurisdiction over state law claims.
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S.D. Fla.·
2020-07-08
The court granted summary judgment for the defendant, finding the plaintiff failed to establish a prima facie case for discrimination, retaliation, or a hostile work environment.
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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.·
2020-06-22
The court held that the subpoenas seeking deposition testimony from nonparty Sheriffs were properly quashed and protective orders were granted because the requested information was irrelevant, sought legal conclusions, or would impose an undue burden.
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M.D. Fla.·
2020-06-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment because he did not allege an official policy or custom of the defendant that caused the alleged constitutional violation.
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N.D. Fla.·
2020-05-31
The court held that the failure to treat diagnosed cancerous lesions for over a year may constitute deliberate indifference to a serious medical need, potentially leading to liability for the prison medical provider.
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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.·
2020-05-27
The court held that Plaintiff sufficiently alleged race discrimination and retaliation claims under the FCRA and §1981 against Defendant Baker, but dismissed her §1983 retaliation claim against him based on qualified immunity. The court also dismissed Plaintiff's §1983 claim agai
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M.D. Fla.·
2020-05-26
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was frivolous.
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M.D. Fla.·
2020-05-26
The court held that the defendant official was not entitled to qualified immunity at the pleading stage, but the municipality was not liable under Monell because the alleged violation was a single incident, not a policy or custom.
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M.D. Fla.·
2020-05-08
The court held that wrongful death and manslaughter claims, as well as negligent training claims, may proceed, while negligent hiring, retention, supervision, and breach of contract claims are dismissed.
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M.D. Fla.·
2020-04-17
Bryan Turner, a retired deputy sheriff who announced his intention to run for sheriff of Nassau County, sued Sheriff Mike Williams and the Jacksonville Sheriff's Office alleging First Amendment retaliation for his arrest on evidence tampering charges, and similarly sued Sheriff B
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M.D. Fla.·
2020-04-15
The court held that the Jacksonville Sheriff's Office is not a suable entity and that the plaintiff failed to state a claim for an unconstitutional traffic stop, but his excessive force claim against the officers was plausible and could proceed.
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M.D. Fla.·
2020-04-02
The court held that claims against deputies were dismissed as shotgun pleading, certain claims against the Sheriff were dismissed for lack of private right of action or capacity, but the Section 1983 claim against the Sheriff for a custom of excessive force could proceed.
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S.D. Fla.·
2020-03-11
The court held that claims against defendants in their official capacities fail to state a claim under Monell, but granted leave to amend. The court also granted the motion for a more definite statement, requiring the plaintiff to file an amended complaint with numbered paragraph
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M.D. Fla.·
2020-03-05
The court held that the officers were not entitled to qualified immunity at the pleading stage for the false arrest claim, and the Sheriff was not entitled to dismissal of the § 1983 municipal liability, battery, and false arrest claims.
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N.D. Fla.·
2020-03-04
The court held that the plaintiff's complaint failed to state an Eighth Amendment claim for deliberate indifference to a serious medical need, and dismissal was appropriate due to the plaintiff's failure to prosecute the case.
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S.D. Fla.·
2020-03-04
The court held that the deputies were entitled to qualified immunity for the stop and arrest, but not for the initial search of the truck. The claims regarding the stop and arrest were dismissed without prejudice, while the claim regarding the initial search was allowed to procee
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M.D. Fla.·
2020-03-02
The court granted summary judgment for the defendant hospital on all claims and granted the defendant nurse's motion to stay the civil case pending resolution of criminal charges.
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M.D. Fla.·
2020-02-21
The court held that the plaintiff's allegations of a slip and fall and subsequent medical treatment did not rise to the level of an Eighth Amendment violation for cruel and unusual punishment.
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S.D. Fla.·
2020-01-29
The court held that the excessive force claim against the deputies was plausible and could be replead, but the false arrest claim was dismissed with prejudice as amendment would be futile.
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M.D. Fla.·
2020-01-24
The court held that a supervisory official cannot be held liable under § 1983 for subordinates' actions absent personal involvement or a policy of deliberate indifference.
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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.·
2020-01-02
The court held that the plaintiff failed to allege facts sufficient to state a substantive due process claim under the Fourteenth Amendment, as the alleged conduct did not rise to the level of conscience-shocking.
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S.D. Fla.·
2019-12-12
The court granted defendants' motions to dismiss, finding the plaintiff failed to state a claim for false arrest (construed as malicious prosecution), supervisory liability, or failure to train under section 1983.
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M.D. Fla.·
2019-12-05
The court held that the warrantless search of the plaintiff's home was unconstitutional, and granted summary judgment for the plaintiff on this issue. However, the court denied summary judgment for the plaintiff against the City, finding a disputed issue of material fact regardin
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S.D. Fla.·
2019-11-20
The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
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M.D. Fla.·
2019-11-05
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2019-10-28
The court held that the plaintiff failed to state a claim upon which relief could be granted for his federal constitutional and state law claims, granting the defendants' motion to dismiss.
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M.D. Fla.·
2019-10-25
The court held that the plaintiff failed to allege facts sufficient to state a claim for a substantive due process violation under 42 U.S.C. § 1983, as the alleged conduct did not rise to the level of "conscience-shocking."
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M.D. Fla.·
2019-10-24
The court held that the plaintiff's amended civil rights complaint was inadequate and required a second amended complaint to properly set forth his claims.
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S.D. Fla.·
2019-10-16
The court held that a plaintiff must show good cause to amend a complaint after a scheduling order deadline has passed, and that seeking to amend only after a magistrate judge's report and recommendation is not sufficient diligence.
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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