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238 So. 2d 431·
Fla. 3d DCA·
1970-08-11
·cited 1×
Wackenhut Corporation appealed a jury verdict awarding $15,000 in damages to an employee for intentional torts committed by Wackenhut's employees. The court affirmed, holding that an employer may be held vicariously liable for intentional torts of employees when the acts were com
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221 So. 2d 426·
Fla. 2d DCA·
1969-04-11
·cited 1×
The administratrix and widow of John D. Lyles appealed the dismissal of their negligence action against the City of Tampa following Lyles' death in a gas explosion caused by a leaking pipe. The court affirmed the dismissal, holding that without allegations that the installation v
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172 So. 2d 618·
Fla. 3d DCA·
1963-09-17
·cited 1×
This case concerns the liability of a municipality for intentional torts committed by its police officers. The court reversed a summary judgment against the appellant, relying on a prior decision that established municipal liability under the doctrine of respondeat superior.
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106 So. 2d 204·
Fla. 3d DCA·
1958-10-30
·cited 1×
The Millers appealed a summary judgment dismissing their negligence action against a car rental company. The court reversed, holding that Mrs. Miller was not a "guest" under Florida's guest statute because she was transported in the rental car as part of her employment duties at
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Fla. 5th DCA·
2026-02-13
D.L. filed a negligence action against foster care providers and a foster parent for failing to protect her from sexual abuse while in foster care. The trial court dismissed the claims as barred by the four-year statute of limitations for negligence, but the Fifth District Court
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Fla. 5th DCA·
2026-01-30
A voluntary dismissal without prejudice of a timely-filed claim against an employee does not operate as an adjudication on the merits and therefore does not invoke the common law exoneration rule to insulate an employer from vicarious liability. The exoneration rule requires an a
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M.D. Fla.·
2026-01-20
The court granted motions to dismiss, finding no constitutional violation for arrest without probable cause and dismissing other claims due to procedural issues or lack of legal entity.
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M.D. Fla.·
2025-12-08
Claims against supervisory defendants Dixon and UCI Warden are dismissed without prejudice for failure to state a claim, while claims against other officers will proceed.
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M.D. Fla.·
2025-11-14
The court held that the plaintiff's complaint was deficient for failing to meet federal pleading standards and directed him to amend it.
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11th Cir.·
2025-11-10
The court held that most claims against the Kingdom of Saudi Arabia were barred by sovereign immunity, but claims based on gross negligence in vetting and hiring the shooter were facially sufficient to survive a jurisdictional attack under JASTA.
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M.D. Fla.·
2025-11-06
The court held that the plaintiff failed to state a plausible § 1983 claim against the defendant in his official capacity due to sovereign immunity and failed to establish supervisory liability. The court also held that state law claims for punitive damages against the defendant
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M.D. Fla.·
2025-11-05
The court held that the plaintiff's complaint failed to state a claim for violation of civil rights due to insufficient factual allegations and improper defendant identification.
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M.D. Fla.·
2025-11-03
The court granted partial summary judgment for the plaintiff on the constitutional violation issue, finding no probable cause for his arrest, but denied summary judgment on the Monell claim due to disputed facts regarding policy or custom.
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M.D. Fla.·
2025-10-31
A police officer employed by the City of Sarasota alleged she was terminated because of her transgender status and gender dysphoria, bringing claims for gender and disability discrimination, First Amendment retaliation, due process violations, and retaliation under Title VII and
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S.D. Fla.·
2025-10-27
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted for various causes of action, including conspiracy, malicious prosecution, defamation, false imprisonment, and others.
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M.D. Fla.·
2025-10-23
The court recommended denial of the motion to proceed in forma pauperis and dismissal of the complaint without prejudice because the plaintiff failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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N.D. Fla.·
2025-10-15
The court held that the plaintiff's claims for identity theft, negligence, and intentional infliction of emotional distress are time-barred by the statute of limitations and, in some cases, fail for lack of a recognized cause of action or failure to meet procedural prerequisites.
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M.D. Fla.·
2025-10-08
The court held that the plaintiff's Second Amended Complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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M.D. Fla.·
2025-09-24
The court held that the plaintiff failed to present evidence that the defendant deputies' actions caused or contributed to the decedent's death, and that the Sheriff could not be held liable under a theory of respondeat superior or for a policy of deliberate indifference.
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S.D. Fla.·
2025-09-22
The court held that Count III, alleging vicarious liability for negligence of non-medical personnel, was a shotgun pleading and improperly asserted a negligent-mode-of-operation theory, warranting dismissal.
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M.D. Fla.·
2025-09-19
The court held that the amended complaint failed to state a claim upon which relief could be granted and denied the motion for default judgment.
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M.D. Fla.·
2025-09-19
The court held that the amended complaint was due to be dismissed as a shotgun pleading and for failure to state a claim, but granted plaintiff leave to amend claims against one defendant.
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M.D. Fla.·
2025-09-12
The court held that the plaintiff failed to comply with mandatory pre-suit notice requirements for state law claims and failed to state a claim for Fourth Amendment violations, First Amendment retaliation, civil conspiracy, or a Monell claim.
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M.D. Fla.·
2025-09-09
The court held that the amended complaint was a shotgun pleading and dismissed all claims without prejudice due to insufficient factual allegations and failure to exhaust administrative remedies for some claims.
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M.D. Fla.·
2025-09-08
The court held that the plaintiff failed to state a plausible claim for relief against either defendant under the Eighth Amendment for deliberate indifference to serious medical needs.
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M.D. Fla.·
2025-09-05
The court held that the plaintiff's amended complaint constituted an impermissible shotgun pleading and struck it.
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M.D. Fla.·
2025-08-22
The court held that a motion for default judgment must be denied because the plaintiffs failed to plead sufficient facts to establish a plausible claim for relief, even under a less stringent standard for pro se litigants.
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S.D. Fla.·
2025-08-21
Nihal Michael Gautam sued the City of Sunrise and multiple police officers under federal civil rights laws and state law, alleging false arrest, excessive force, failure to intervene, municipal liability, civil RICO violations, and violations of Florida's Public Records Act stemm
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M.D. Fla.·
2025-08-20
Two motorists sought damages from Panera after being injured in a 2019 automobile accident caused by a Panera employee driving a company vehicle, claiming negligence and relying on a theory of respondeat superior. The jury returned a verdict in favor of the plaintiffs, awarding $
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M.D. Fla.·
2025-08-11
The court held that the plaintiff failed to sufficiently allege a municipal policy or custom for federal claims and failed to demonstrate compliance with statutory notice requirements for state law claims.
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S.D. Fla.·
2025-08-04
The court accepted the magistrate judge's report and recommendation, granting the defendants' motion to dismiss the plaintiff's amended complaint.
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M.D. Fla.·
2025-07-30
The court held that releases signed by the plaintiff were ratified and enforceable against ordinary negligence claims, but not gross negligence claims. Summary judgment was granted in part and denied in part on various motions.
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M.D. Fla.·
2025-07-22
The court held that the plaintiff's pro se complaint failed to meet federal pleading standards and directed him to amend it.
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M.D. Fla.·
2025-07-22
The court held that Deputy Barnes is entitled to qualified immunity because his use of force was objectively reasonable and not a violation of clearly established law, and that the plaintiff failed to establish a deliberate indifference claim against Sheriff Chronister.
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M.D. Fla.·
2025-07-17
The court held that the plaintiff's civil rights complaints failed to state a claim because they did not allege direct involvement of defendants, relied on theories not actionable under Section 1983, or named entities not subject to suit. The court dismissed the complaints but gr
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M.D. Fla.·
2025-07-09
The court held that a Section 1983 claim against supervisors based on respondeat superior or failure to respond to grievances is not cognizable, and claims against officials must specify individual or official capacity.
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M.D. Fla.·
2025-07-09
The court held that a pro se prisoner's complaint failed to state a claim because it improperly named defendants and did not allege direct involvement of the sheriff. The dismissal was without prejudice, allowing the plaintiff to amend.
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N.D. Fla.·
2025-07-08
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted under the Eighth Amendment.
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S.D. Fla.·
2025-07-03
In Portes v. City of Doral, a federal district court granted in part and denied in part motions to dismiss brought by the city, individual police officers, and a security company in response to claims arising from the disputed arrest of Juan Jose Portes Jr. at his apartment compl
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M.D. Fla.·
2025-06-27
A prisoner's claim of excessive force against an individual officer may proceed, but claims against supervisors based on respondeat superior, claims regarding jail commissary prices, and claims against public defenders are dismissed.
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S.D. Fla.·
2025-06-20
The court held that it should enforce the parties' prior discovery stipulation limiting discovery to the subject vessel and sister ships, and that fleetwide discovery was not proportional to the needs of the case.
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Del. Super. Ct.·
2025-06-17
The Court denied the defendant's motion to dismiss the plaintiff's amended complaint for legal malpractice. The Court found that the plaintiff had adequately pleaded that the Court of Chancery had subject matter jurisdiction over the underlying action, that Delaware had personal
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M.D. Fla.·
2025-06-17
The court held that Plaintiff's claims against Defendant Lane are dismissed, official capacity claims for damages are dismissed, and the request for termination of an employee is stricken, but claims against Defendants Pope-Jones and Boone regarding excessive force and failure to
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M.D. Fla.·
2025-06-17
The court held that a prisoner's complaint alleging delayed medical care must demonstrate direct involvement of defendants and deliberate indifference, and that respondeat superior and negligence are not actionable under § 1983.
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M.D. Fla.·
2025-05-30
The court held that the prisoner's complaint failed to state a claim upon which relief could be granted due to multiple deficiencies, but dismissed it without prejudice to allow for an amended complaint.
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S.D. Fla.·
2025-05-29
The court held that the officers had probable cause to arrest the plaintiff for violating a county towing ordinance, and therefore granted summary judgment for the defendants on the false arrest and Section 1983 claims.
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M.D. Fla.·
2025-05-28
The court held that the plaintiff's allegations, if true, sufficiently stated claims for warrantless entry and excessive force under the Fourth Amendment, but dismissed other claims and the claim against the City.
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S.D. Fla.·
2025-05-28
The court held that the pro se complaint was an impermissible shotgun pleading and failed to state a claim under Bivens v. Six Unknown Fed. Narcotics Agents because the claims arose in a new context and against improper defendants (supervisory officials and federal agencies).
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M.D. Fla.·
2025-05-23
A prisoner's complaint alleging deliberate indifference to a substantial risk of serious harm from a cellmate, or retaliation for filing grievances, fails to state a constitutional claim if it lacks specific factual allegations of threat or harm, and a mere denial of grievances d
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M.D. Fla.·
2025-05-23
The court held that the defendants are entitled to summary judgment on the plaintiff's excessive force claims related to the use of pepper spray and the application of handcuffs.