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S.D. Fla.·
2020-12-16
The court held that the case must be dismissed due to abstention principles, immunity of state actors, and failure to state a claim upon which relief can be granted.
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M.D. Fla.·
2020-12-04
Prosecutors are entitled to absolute immunity from damages for acts associated with the judicial process, and courts will abstain from interfering with ongoing state criminal proceedings.
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S.D. Fla.·
2020-10-30
The court adopted the magistrate judge's report and recommendation, dismissing the plaintiff's complaint.
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M.D. Fla.·
2020-10-28
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to lack of constitutional duty, failure to allege conspiracy with specificity, prematurity of claims challenging state prosecution, and applicable immunities.
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M.D. Fla.·
2020-09-30
The court held that the plaintiff's claims against judges and prosecutors were barred by absolute immunity and that the malicious prosecution claim was premature. The court also abstained from interfering with the ongoing state criminal proceedings.
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S.D. Fla.·
2020-09-22
A prosecutor is absolutely immune from civil rights suits for damages when acting within their prosecutorial functions, including initiating and refiling charges.
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Fla. 5th DCA·
2020-08-31
This case concerns whether prosecutors are immune from lawsuits for actions taken during their official duties. The appellate court held that prosecutors are entitled to absolute immunity for actions related to initiating or maintaining a prosecution, including securing material
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Fla. 5th DCA·
2020-08-31
This case concerns whether prosecutors are immune from lawsuits for actions taken during their official duties. The appellate court held that prosecutors are entitled to absolute immunity for actions related to initiating or maintaining a prosecution, including securing material
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S.D. Fla.·
2020-07-31
The Court adopted the Magistrate Judge's Report and Recommendation, dismissing the Plaintiff's Second Amended Complaint 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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M.D. Fla.·
2020-04-15
Prosecutors are absolutely immune from civil rights claims arising from their prosecutorial functions, including actions related to bail.
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M.D. Fla.·
2020-03-23
The court held that prosecutorial immunity does not apply to sworn statements made in an affidavit, Eleventh Amendment immunity does not bar individual capacity claims, and a negligent supervision claim is sufficiently pled. However, Fourth Amendment claims based on private searc
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M.D. Fla.·
2020-03-19
The Court held that the plaintiff's civil rights complaint is barred by the statute of limitations and is therefore dismissed as frivolous.
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M.D. Fla.·
2019-10-17
A prosecutor is entitled to absolute immunity for actions taken while advocating for the government in a criminal prosecution, even if those actions involved misconduct.
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169 So. 3d 258·
Fla. 4th DCA·
2015-07-08
The Fourth District Court of Appeal affirmed dismissal of a civil tort complaint against a prosecutor on prosecutorial immunity grounds. The court held that prosecutors are entitled to absolute immunity when initiating extradition proceedings against defendants, as such actions a
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849 F. Supp. 2d 1332·
S.D. Fla.·
2014-01-03
The court granted in part and denied in part the defendant's motion to compel, based on his refusal to participate in a hearing.
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726 F. Supp. 2d 1359·
M.D. Fla.·
2010-07-20
The court held that the defendant is entitled to a certification of actual innocence for the purposes of bringing a claim under the Unjust Conviction Statute.
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26 So. 3d 636·
Fla. 5th DCA·
2010-01-08
The State of Florida appealed a judgment awarding damages to Bradenton Group, Inc. for a wrongful temporary injunction obtained in 1995 without a bond that shut down the company's bingo hall operations. The court affirmed the judgment, rejecting the State's claims of sovereign an
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2004 U.S. Dist. LEXIS 13498·
M.D. Fla.·
2004-07-16
Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
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990 F. Supp. 2d 926·
S.D. Fla.·
2000-11-02
The court affirmed and adopted the magistrate judge's report and recommendation, granting the plaintiffs' motion for class certification.
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666 So. 2d 933·
Fla. 2d DCA·
1995-12-20
Attorneys performing prosecutorial functions are absolutely immune from liability for claims under federal and state law, but attorneys not performing such functions are not entitled to this immunity.
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996 F.2d 786·
5th Cir.·
1993-08-02
The court held that the plaintiff's pursuit of state habeas remedies tolled the prescriptive period for his civil rights action.
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999 F.2d 679·
2d Cir.·
1993-07-28
A pro se prisoner's civil rights complaint is deemed filed when delivered to prison officials, and prosecutorial/witness immunity does not shield defendants from liability for an extra-judicial conspiracy to present perjured testimony.
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999 F.2d 1235·
8th Cir.·
1993-07-23
Prosecutors, parole board members, and prison wardens are absolutely immune from damages for actions taken within the scope of their official duties, including prosecutorial decisions, parole determinations, and incarceration pursuant to valid court orders.
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994 F.2d 45·
1st Cir.·
1993-06-03
The court held that state troopers are entitled to qualified immunity when arresting a driver based on another officer's observation of a traffic violation, even if the arresting officers did not personally witness the violation, provided state law and practice permit such team a
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990 F.2d 403·
8th Cir.·
1993-04-02
A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
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978 F.2d 1047·
8th Cir.·
1992-11-02
Special prosecutors are absolutely immune from § 1983 liability for assisting a grand jury in drafting an official report permitted by state law, as this function is intimately associated with the judicial phase of the criminal process.
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965 F.2d 90·
6th Cir.·
1992-05-28
The court held that the district court properly dismissed the plaintiff's claims, affirming the judgments based on res judicata, prosecutorial immunity, and the lack of material fact disputes regarding constitutional violations.
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926 F.2d 573·
6th Cir.·
1991-02-27
The court held that while the Ohio Elections Commission's power to levy fines and issue cease and desist orders is unconstitutional, its powers to investigate, refer for prosecution, and declare the truthfulness of statements are constitutional.
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926 F.2d 963·
10th Cir.·
1991-02-21
A district attorney is entitled to absolute prosecutorial immunity for actions taken to secure a resignation in exchange for dropping criminal charges, and a plaintiff cannot establish a liberty interest claim based on stigmatizing statements if the information was already public
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921 F.2d 1032·
10th Cir.·
1990-12-11
The court held that the exclusion of testimony regarding county custom was not error because the appellant lacked a protected property interest, and directed verdicts for the assistant district attorney and neighbor were proper as no constitutional rights were violated.
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904 F.2d 1050·
6th Cir.·
1990-06-11
The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
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868 F.2d 300·
8th Cir.·
1989-02-23
The court held that the district court properly dismissed the plaintiffs' civil rights action based on judicial and prosecutorial immunity, lack of state action, lack of standing, and lack of diversity jurisdiction.
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863 F.2d 29·
8th Cir.·
1988-12-14
Prosecutors are entitled to absolute immunity for damages claims arising from their role in initiating prosecution and presenting the state's case, even if they allegedly withheld exculpatory evidence.
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827 F.2d 667·
10th Cir.·
1987-08-24
The appellate court vacated its prior judgment and mandate, recalling the case for further proceedings because the property at issue no longer existed, frustrating the prior judgment's intent and potentially involving misleading information.
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764 F.2d 1325·
9th Cir.·
1985-07-03
The court held that the district court had jurisdiction to void common-law liens filed by a taxpayer and that the judicial, prosecutorial, and IRS defendants were immune from civil suit.
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746 F.2d 942·
2d Cir.·
1984-10-19
The court affirmed the dismissal of the federal action, holding that federal injunctive relief against pending state court criminal proceedings is not permissible under Younger v. Harris absent extraordinary circumstances.
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454 So. 2d 75·
Fla. 1st DCA·
1984-08-16
This case involves appeals from orders dismissing tort claims against the Department of Professional Regulation (DPR) and its attorney, Frederick Wilsen. The court affirmed the dismissal and summary judgment, finding Wilsen was protected by prosecutorial immunity.
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738 F.2d 966·
8th Cir.·
1984-07-17
The court held that the state claims commission does not provide an adequate remedy for intentional property deprivation, reversing the dismissal of those claims.
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1984 U.S. Dist. LEXIS 17106·
S.D. Fla.·
1984-04-30
The court held that the defendant prosecutor is entitled to absolute immunity for her actions and that the plaintiff failed to state a claim for a deprivation of a constitutionally protected right.
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699 F.2d 322·
6th Cir.·
1983-02-04
The court held that federal courts cannot enjoin state court proceedings absent specific exceptions, and no such exceptions applied here.
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316 F. Supp. 1039·
S.D. Fla.·
1982-01-13
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540 F.2d 220·
6th Cir.·
1976-08-02
A prosecuting attorney is not liable in damages under 42 U.S.C. § 1983 for actions taken in the course of his duties, even if those actions deprived a party of a fair trial.
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493 F.2d 1176·
7th Cir.·
1974-03-28
A prosecutor is not immune from civil rights liability for acts outside the scope of official duties, even if acting under color of law.