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M.D. Fla.·
2024-10-18
Plaintiff Ronnie Reed sued Sheriff Thomas Kevin Waters and Jacksonville Sheriff's Office officers alleging they unconstitutionally strip-searched him multiple times on a public street based on unfounded suspicion, without finding any evidence. The court found Reed stated a plausi
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S.D. Fla.·
2024-09-23
The court recommended denying the motion to dismiss, finding that the plaintiff plausibly alleged a property interest in her employment, a deprivation of due process due to lack of a hearing, and a liberty interest claim based on a stigmatizing statement in her termination letter
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M.D. Fla.·
2024-09-09
A municipality cannot be held liable under 42 U.S.C. § 1983 based on respondeat superior; plaintiffs must plead a municipal custom or policy that caused the constitutional violation.
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M.D. Fla.·
2024-08-28
The court held that the federal law claims in Counts XVIII and XIX were duplicative and dismissed Count XVIII, the willful and wanton conduct claim in Count XX was barred by sovereign immunity and dismissed, and the indemnification claim in Count XXVII was dismissed.
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M.D. Fla.·
2024-08-23
The court held that the complaint fails to state a claim because it names improper parties and lacks sufficient factual allegations for the remaining claims.
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S.D. Fla.·
2024-08-05
The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
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M.D. Fla.·
2024-06-27
The court held that Plaintiff adequately alleged a Section 1983 claim against Sheriff Wells and Manatee County for deliberate indifference, but granted dismissal of punitive damages claims against Sheriff Wells and Manatee County.
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M.D. Fla.·
2024-04-25
The court held that the plaintiff's allegations sufficiently stated a claim under Section 1983 against the City for policy or custom, but dismissed claims against Driscoll for lack of specificity and granted the City's motion regarding sovereign immunity for certain tort claims,
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M.D. Fla.·
2024-04-05
Rex Lenoir, a Duval County Jail detainee, filed a pro se § 1983 civil rights action alleging constitutional violations arising from his June 2021 arrest, including suggestive identification procedures, illegal search, and excessive force. The court dismissed the complaint for fai
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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.·
2024-03-15
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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S.D. Fla.·
2024-02-02
The court held that the pro se prisoner's complaint was dismissed for failure to state a claim and for seeking monetary relief from immune defendants. The court also dismissed the case for failure to pay the filing fee after a prior dismissal for the same reason.
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M.D. Fla.·
2024-01-03
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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M.D. Fla.·
2023-12-05
The Court dismissed the pro se complaint without prejudice because it failed to state a plausible claim under 42 U.S.C. § 1983 and because federal courts must abstain from interfering with pending state criminal proceedings.
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M.D. Fla.·
2023-10-23
The court held that affirmative defenses need only provide notice under Rule 8(c) and are generally not stricken if they can be clarified through discovery or are treated as denials.
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S.D. Fla.·
2023-09-20
The court held that the pro se plaintiff stated a prima facie deliberate indifference claim against some defendants but dismissed the complaint without prejudice due to procedural defects, granting leave to amend.
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S.D. Fla.·
2023-09-19
The court held that while the plaintiff stated a prima facie deliberate indifference claim against some defendants, the complaint must be dismissed without prejudice due to procedural defects, with leave to amend.
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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.·
2023-08-29
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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S.D. Fla.·
2023-08-17
The court held that the plaintiff's complaint was vague, conclusory, and failed to state a claim upon which relief could be granted, and that the named defendants were improper.
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M.D. Fla.·
2023-06-15
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 because he did not allege lack of probable cause for arrests or favorable termination of criminal proceedings, and certain defendants were immune from suit.
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M.D. Fla.·
2023-06-08
The court held that the plaintiff failed to state an Eighth Amendment claim for deliberate indifference to serious medical needs against the defendant medical provider.
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M.D. Fla.·
2023-03-28
The court held that a state-law negligence claim against a Sheriff in his official capacity for negligent training of officers is barred by sovereign immunity because training decisions are discretionary functions.
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S.D. Fla.·
2023-03-13
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted because it did not sufficiently allege an unconstitutional policy or custom, deliberate indifference to serious medical needs, or a violation of constitutional rights by the d
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S.D. Fla.·
2023-02-27
The court held that the plaintiffs failed to plead a viable Monell claim, thus the City cannot be held liable under § 1983.
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M.D. Fla.·
2022-12-21
The court held that the plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 because the allegations are conclusory and vague, and fail to establish an official policy or custom as the moving force behind the alleged constitutional deprivation.
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S.D. Fla.·
2022-12-06
The Court held that the Plaintiffs' allegations were sufficient to state a claim for municipal liability under Section 1983, and that they had standing for injunctive and declaratory relief.
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11th Cir.·
2022-11-21
The Eleventh Circuit held that unsworn inmate statements not complying with 28 U.S.C. § 1746 cannot be considered as evidence for summary judgment, and affirmed the district court's grant of summary judgment and dismissal of claims.
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S.D. Fla.·
2022-11-07
The court held that the officers were entitled to qualified immunity because they had arguable probable cause to arrest the plaintiff for breach of the peace or public nuisance, even if not for indecent exposure. The court also dismissed the municipal liability claim against the
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M.D. Fla.·
2022-11-07
The court granted the motion to dismiss Count I, finding the plaintiff failed to state a plausible claim against the City under § 1983.
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M.D. Fla.·
2022-10-06
The court adopted the magistrate judge's recommendation to dismiss the complaint without prejudice, granting leave to amend, because it constituted an impermissible shotgun pleading and failed to state a claim for municipal liability or an equal protection violation.
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S.D. Fla.·
2022-09-09
The court held that the amended complaint was a shotgun pleading and dismissed it without prejudice, granting plaintiff ten days to file a second amended complaint.
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S.D. Fla.·
2022-08-10
The court held that the plaintiff failed to sufficiently allege a municipal custom or policy for the § 1983 claim against the County and failed to allege that Detective Coto had a reasonable opportunity to intervene for the § 1983 claim against him.
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S.D. Fla.·
2022-06-16
The court held that the plaintiff sufficiently alleged that the officer acted in bad faith, thus removing him from statutory immunity, and that the city could be liable under § 1983 for failure to train officers on plain-clothed overnight details where the need for such training
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M.D. Fla.·
2022-06-07
The court held that the plaintiff's deliberate indifference claim may proceed against Corizon and Centurion, and against Drs. Shah and Shubert, as the allegations sufficiently state a plausible claim for relief.
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M.D. Fla.·
2022-05-16
The court held that the plaintiff failed to adequately allege supervisory or municipal liability against the Sheriff under Section 1983 for a deputy's allegedly unlawful arrest.
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S.D. Fla.·
2022-05-06
The court held that the plaintiff's complaint failed to state a claim for malicious prosecution under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff plausibly alleged deliberate indifference by individual defendants but dismissed the claim against the healthcare provider due to lack of policy or custom.
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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.·
2022-02-09
The court held that the plaintiff's application to proceed in forma pauperis was denied and the complaint was dismissed with leave to amend due to deficiencies including failure to comply with IFP requirements and pleading a shotgun complaint.
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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.·
2022-01-03
The court held that genuine issues of material fact exist regarding whether Lee Memorial Health System had notice of Hechavarria's unfitness and whether its actions constituted deliberate indifference or negligence, thus denying summary judgment.
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M.D. Fla.·
2021-12-16
The court held that claims against defendants in their official capacities and against fictitious John Doe defendants are dismissed, but claims for excessive force and deliberate indifference to medical needs against nineteen individual defendants may proceed.
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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.·
2021-10-29
A complaint alleging misdiagnosis of a cellmate's tuberculosis and subsequent exposure, without alleging deliberate indifference or a policy violation, fails to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-28
The court held that the pro se inmate's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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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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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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S.D. Fla.·
2021-10-05
The court held that the plaintiff's complaint was deficient for multiple reasons, including failure to comply with IFP requirements, shotgun pleading, failure to state a claim against a municipality, and seeking non-cognizable relief under § 1983.