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M.D. Fla.·
2021-10-01
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was procedurally deficient.
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M.D. Fla.·
2021-09-23
Dillon Webb sued Columbia County sheriff's deputies and the sheriff for violating his constitutional rights when they arrested him for displaying an obscene bumper sticker reading "I EAT A**" on his vehicle and subsequently subjected him to incarceration and a strip search. The c
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S.D. Fla.·
2021-09-01
The court granted in part the motion to dismiss, dismissing several counts but allowing the Fourth Amendment excessive force claim against Detective Garcia and one wrongful death claim against him to proceed.
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M.D. Fla.·
2021-08-30
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 and improperly joined unrelated claims.
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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.·
2021-05-20
The court held that the plaintiff failed to state a claim against the City for failure to train, supervise, or hire, and that the claim for punitive damages against the officer was conclusory and should be struck.
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M.D. Fla.·
2021-05-04
The court denied both parties' motions for summary judgment, finding genuine disputes of material fact regarding the existence of similarly situated comparators and the rational basis for the City's enforcement actions.
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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.·
2021-03-29
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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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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S.D. Fla.·
2021-02-17
The court held that the plaintiff's application to proceed in forma pauperis was denied due to insufficient documentation, and the complaint was dismissed without prejudice for failing to state a claim and for being a shotgun pleading, with leave to amend.
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M.D. Fla.·
2021-01-20
The court denied the plaintiff's motion for reconsideration, adhering to its prior order granting summary judgment for the defendant on several claims.
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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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M.D. Fla.·
2020-12-01
The court held that the plaintiff failed to state a plausible claim under the Fourth and Fourteenth Amendments and that abstention was appropriate due to an ongoing state criminal proceeding.
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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.·
2020-09-07
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not adequately allege a policy or custom for the official capacity claim and did not sufficiently plead the absence of probable cause for the individual capacity claim. The court also
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S.D. Fla.·
2020-08-21
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.·
2020-06-04
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted and must be amended.
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S.D. Fla.·
2020-06-02
The court held that the plaintiff's claims were time-barred by the statute of limitations and that leave to amend would be futile, affirming the dismissal of the case.
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M.D. Fla.·
2020-05-27
The court held that the plaintiffs plausibly alleged an equal protection claim against the City for selective enforcement of a facially neutral ordinance.
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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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S.D. Fla.·
2020-02-04
The court granted summary judgment for the defendant on Count VI, finding insufficient evidence of a widespread custom or policy. The court also found that the plaintiff could not amend his complaint to assert a state tort claim for false arrest under § 1983.
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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.·
2019-12-19
The court held that the plaintiff's allegations were sufficient to state a claim for racial discrimination under 42 U.S.C. § 1983, thus denying the defendants' motion to dismiss.
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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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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.·
2019-11-27
The court held that the plaintiff failed to state a claim for municipal liability under § 1983 due to lack of factual support for a policy or custom, but the state law claims against the City could proceed as sufficient facts were alleged to support the officer acting in good fai
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M.D. Fla.·
2019-11-26
The Court denied the Sheriff's motion to dismiss claims of municipal liability, battery, and false imprisonment, finding the complaint sufficiently alleged facts to state plausible claims.
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M.D. Fla.·
2019-11-22
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief against the defendants and dismissed it without prejudice, with specific dismissals with prejudice for certain parties.
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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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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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S.D. Fla.·
2017-07-05
The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
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2015 U.S. Dist. LEXIS 150542·
S.D. Fla.·
2015-10-19
The court held that the officers were entitled to qualified immunity as they had arguable probable cause for the arrest, and that the plaintiff failed to establish a gender discrimination claim or municipal liability.
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M.D. Fla.·
2014-08-06
The court held that the plaintiff's allegations were sufficient to state a claim for deliberate indifference to serious medical needs under § 1983 against the nurse defendants and the Sheriff, and therefore denied the motions to dismiss.
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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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79 F. Supp. 443·
S.D. Fla.·
2013-09-26
The court held that the City's motion to dismiss was denied as to claims of a custom or practice of retaliation and a retaliatory suspension by a final policymaker, and that the City Manager was not entitled to quasi-judicial immunity at this stage and his qualified immunity defe
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824 F. Supp. 2d 581·
S.D. Fla.·
2013-08-07
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1989 WL 245179·
N.D. Fla.·
2013-05-14
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759 F. Supp. 2d 1335·
S.D. Fla.·
2011-01-21
The court held that a malicious prosecution claim against a municipality is barred by sovereign immunity when malice is an element, and a § 1983 claim requires specific allegations of a municipal policy or custom causing constitutional violations.
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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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433 F. Supp. 2d 1269·
N.D. Fla.·
2006-05-23
The court held that the plaintiff could not prove a procedural due process claim because the City's moratorium ordinance was a legislative act, and thus summary judgment was granted on that count.
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348 F. Supp. 2d 1343·
S.D. Fla.·
2004-12-14
The court held that the defendant county was not liable for excessive force under § 1983 because the plaintiff failed to demonstrate a municipal policy or custom of permitting such force, nor did the county exhibit deliberate indifference to the officer's alleged racism or reckle
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336 F. Supp. 2d 1224·
S.D. Fla.·
2004-07-19
The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
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260 F. Supp. 2d 1191·
M.D. Fla.·
2003-05-01
Robert and Anthony Caruso, Italian American police officers employed by the City of Cocoa, Florida, filed suit alleging violations of their Fourth Amendment rights, First Amendment freedom of association, and Title VII employment discrimination based on race and national origin.
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61 F. Supp. 2d 1245·
M.D. Fla.·
1998-12-23
The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.
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993 F. Supp. 1452·
M.D. Fla.·
1998-02-10
The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.
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837 F. Supp. 413·
M.D. Fla.·
1993-11-15
A plaintiff acting as an agent has standing to sue on behalf of the principal, and a local government agency is not immune from suit under the Eleventh Amendment for § 1983 claims.