Respondeat Superior

2,254 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Evans Mickens v. Cir. Court Second Jud. Cir.
  N.D. Fla.· 2025-05-21
  The court held that the plaintiffs failed to state a claim upon which relief can be granted against the defendant courts and judges, due to various immunities and pleading deficiencies.
• Azam v. Bd. of Cnty. Comm'rs Palm Beach Cnty.
  S.D. Fla.· 2025-05-16
  The court recommended granting dismissal for the hostile work environment and § 1983 claims, but denying dismissal for the unlawful discharge claims under the FCRA.
• Tuten v. Warden
  M.D. Fla.· 2025-05-14
  The court held that claims against certain defendants must be dismissed without prejudice for failure to state a plausible claim under 42 U.S.C. § 1983.
• Anaya v. Miami City Hall
  S.D. Fla.· 2025-05-09
  The court held that the plaintiff's complaint must be dismissed as a shotgun pleading, fails to name proper defendants, and fails to state a claim upon which relief can be granted.
• Grant v. City of W. Palm Beach
  S.D. Fla.· 2025-04-22
  The court held that the officer lacked reasonable suspicion and probable cause for the arrest, and that the use of force was excessive, denying dismissal for these claims. However, the court dismissed the vicarious liability and negligent hiring/retention claims against the City
• Rebers v. City of Tampa
  M.D. Fla.· 2025-04-18
  The court held that claims against supervisors and the city based on respondeat superior are dismissed, and claims against officers without direct involvement are also dismissed. A pro se plaintiff has no constitutional right to appointed counsel in a civil damages action.
• Hill v. Aramark, LLC
  M.D. Fla.· 2025-04-04
  An inmate diabetic at a Florida correctional facility sued Aramark Correctional Services and a food service director under Section 1983, alleging that inadequate meals violated his Eighth Amendment rights by failing to provide required calories and nutrition from March 2022 to No
• Konan v. Saydah
  M.D. Fla.· 2025-03-28
  The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
• Brown v. Does
  M.D. Fla.· 2025-03-24
  The court held that the plaintiff's Fourth Amended Complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 against the County and Sheriff, and thus, the motions to dismiss were granted.
• Wagner v. Smith
  S.D. Fla.· 2025-03-19
  The court denied the plaintiff's motion to remand because the amount in controversy exceeded $75,000 and there were no procedural defects or bad faith in the removal.
• Every v. Pinellas Cnty. Jail
  M.D. Fla.· 2025-03-18
  The court held that the plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 and is therefore dismissed.
• Gilliam v. Fort Myers Police Dep't (Chief of Police)
  M.D. Fla.· 2025-03-17
  The court granted the motion to dismiss in part, dismissing most claims due to procedural defects like shotgun pleading, improper party joinder, and lack of factual support, but allowed a Fourth Amendment claim against Officer Greene for an unlawful personal search to proceed.
• Scott v. Blanton
  M.D. Fla.· 2025-03-11
  The court held that the plaintiff's complaint, which raised claims identical to those previously dismissed, should be dismissed without leave to amend.
• Sheets v. Prummell
  M.D. Fla.· 2025-03-05
  The court held that claims against Deputy Williams in his official capacity are dismissed as duplicative, but individual capacity claims for viewpoint discrimination and retaliation survive. Prior restraint claim against Deputy is dismissed due to qualified immunity. Monell claim
• Johnson v. Fla. Dep't of Juv. Just.
  M.D. Fla.· 2025-02-27
  The court granted in part and denied in part the motion to dismiss, dismissing the negligent supervision and retention claim (Count VI) but allowing the Florida Whistleblower Act claim (Count VII) to proceed.
• Parke v. Delta Air Lines Inc.
  M.D. Fla.· 2025-02-13
  The court granted the motion to dismiss, finding the amended complaint to be a shotgun pleading and the ADA/GINA claims time-barred.
• Milton
  Del. Super. Ct.· 2025-02-05
  The court granted the defendants' motion for reargument, finding that they met their burden to establish a basis for relief under Rule 59. Consequently, the court granted summary judgment in favor of the defendants on the issue of punitive damages, concluding that no genuine issu
• Smith v. Slimak
  S.D. Fla.· 2025-01-29
  The court held that the plaintiff's claim for unlawful arrest/false imprisonment under 42 U.S.C. § 1983 against Officer Slimak stated a plausible claim for relief, but other claims against Slimak and Miami-Dade County were dismissed.
• Wilson v. Lamb
  M.D. Fla.· 2025-01-29
  The court held that while the plaintiff sufficiently alleged imminent danger to proceed in forma pauperis, his claims against Warden Lamb failed to state a plausible claim for relief, and claims unrelated to the initial incident were dismissed.
• Holt v. Hillsborough Cnty.
  M.D. Fla.· 2025-01-21
  The court granted the defendant's motion to dismiss, holding that the plaintiff failed to state a claim under § 1983 and that her state law claims for negligence and defamation were barred by sovereign immunity and failure to comply with statutory notice requirements.
• Awolowo v. Carlisle
  N.D. Fla.· 2024-12-23
  The court held that the plaintiff's second amended complaint fails to state a claim upon which relief can be granted and should be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii).
• Lewis v. Palm Beach Cnty. Sheriff's Off.
  S.D. Fla.· 2024-12-19
  The court held that some claims, including deliberate indifference and First Amendment retaliation, could proceed, while others, particularly policy-based claims against supervisory officials and entities, were dismissed for failure to state a claim.
• McKinnon v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-12-16
  The court held that the plaintiff failed to state claims against most defendants and for most claims, but an excessive force claim against one defendant in his individual capacity will proceed.
• Ratley v. Inch
  M.D. Fla.· 2024-12-13
  Inmate Michael Steven Ratley sued Florida Department of Corrections officials, alleging they violated his Eighth Amendment rights by failing to protect him from a correctional officer's 2019 assault and by being deliberately indifferent to his serious medical needs following the
• Mack v. City of Marianna
  N.D. Fla.· 2024-12-13
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the city or the police captain, and recommended declining supplemental jurisdiction over the state law claims.
• Harris v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-11-21
  The court held that the plaintiff's amended complaint failed to state a claim and was due to be dismissed without prejudice for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
• Rosato v. Dixon
  M.D. Fla.· 2024-11-20
  The court held that the amended complaint failed to state an actionable claim and was dismissed for abuse of the litigation process due to the plaintiff's failure to disclose prior related lawsuits.
• Country Life Homes, LLC v. Gellert Scali Busenkell & Brown, LLC
  Del. Super. Ct.· 2024-11-19
  The court granted summary judgment for the defendant law firm (GSB&B) and denied the plaintiff's (Country Life) motion to deem its expert testimony timely filed. The court found that Country Life failed to establish a breach of the standard of care due to the untimeliness and lac
• Johnson v. Centurion of Fla. LLC
  N.D. Fla.· 2024-10-31
  The court held that the plaintiff failed to state a plausible claim under the Eighth Amendment and § 1983 against the healthcare provider, as the allegations did not demonstrate deliberate indifference or a policy/custom causing the delay in medical treatment.
• Kineard v. Smith
  M.D. Fla.· 2024-10-25
  The court held that the plaintiff failed to state a plausible claim against the supervisory defendants for failure to protect, negligent hiring, or negligent training.
• Cokley v. Dixon
  M.D. Fla.· 2024-10-24
  The court granted defendants' motions to dismiss, dismissing official capacity claims with prejudice and individual capacity claims against supervisors without prejudice.
• Sanford v. Judd
  M.D. Fla.· 2024-10-22
  The court held that the pro se plaintiff failed to state a viable claim against the defendant sheriff because he did not allege personal involvement or a causal connection for supervisory liability.
• Reed v. Waters
  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
• Shah v. Spirit Airlines, Inc.
  S.D. Fla.· 2024-10-18
  The court held that the amended complaint did not constitute a shotgun pleading and that the negligence claim could proceed, but the intentional infliction of emotional distress claim was dismissed for failing to allege outrageous conduct.
• Ortiz v. Sch. Bd. of Hillsborough Cnty.
  M.D. Fla.· 2024-10-17
  The court held that the plaintiff failed to state claims for equal protection, Section 504, Title II, negligence, and FEEA against the School Board due to insufficient allegations of municipal policy, meaningful access denial, breach of duty, or deliberate indifference, but grant
• Litke v. P.B. Express, Inc.
  M.D. Fla.· 2024-10-02
  The court held that it lacked personal jurisdiction over defendant Yun because the plaintiff failed to allege sufficient facts to establish jurisdiction under Florida's long-arm statute, and the plaintiff's allegations were insufficient to overcome the corporate shield doctrine.
• Arasteh v. Luxurban Hotels Inc.
  S.D. Fla.· 2024-10-02
  The court held that the plaintiff sufficiently pleaded a claim for race-based discrimination under 42 U.S.C. § 1981, but failed to sufficiently plead a claim for intentional infliction of emotional distress and a demand for punitive damages.
• Goudy v. Hoffman
  M.D. Fla.· 2024-09-30
  The court held that the plaintiff failed to state a claim upon which relief could be granted, dismissing all counts with prejudice.
• Jones v. Armor Healthcare
  M.D. Fla.· 2024-09-25
  The court held that a prisoner's claim of misdiagnosis by medical staff, amounting to negligence, does not state a claim for deliberate indifference under the Eighth Amendment. A contractor's liability under § 1983 requires a policy or custom of deliberate indifference, not respo
• Doss v. Holder
  M.D. Fla.· 2024-09-24
  Surgret Doss, representing himself, sued law enforcement officers and the City of Tampa after being charged with perjury based on an indigency application he filed, which charged he did not own property despite owning four properties; he claimed the prosecution lacked probable ca
• Dustin v. Palmer
  M.D. Fla.· 2024-09-23
  The court held that the plaintiff's claims failed to state a plausible claim for relief under 42 U.S.C. § 1983, and therefore the case was dismissed without prejudice.
• Franklin v. Dep't of Detention Servs.
  M.D. Fla.· 2024-09-20
  A pro se prisoner's complaint must contain plausible factual allegations that state a claim for relief, and vague assertions or labels are insufficient. Entities like Sheriff's Offices are not suable under Florida law.
• Hogan v. Perez-Lugo
  M.D. Fla.· 2024-09-19
  The court held that the plaintiff failed to state a claim for deliberate indifference against the defendant, as the defendant's responses to grievances showed inquiry rather than deliberate disregard of a serious medical need.
• Lopez v. City of Opa-Locka
  S.D. Fla.· 2024-09-17
  Yolanda Lopez sued the City of Opa-Locka and private security officers for unlawfully arresting her and using excessive force against her while she distributed flyers outside a flea market in October 2022. The District Court granted the defendants' motion to dismiss in part, dism
• Noshirvan v. Couture
  M.D. Fla.· 2024-09-13
  The court granted the defendant's motion for judgment on the pleadings, dismissing Counts I and VI without prejudice, with leave for the plaintiff to amend.
• Williams v. The GEO Grp., Inc.
  S.D. Fla.· 2024-09-10
  The court held that the Second Amended Complaint failed to state a plausible claim for relief under the Eighth Amendment and Monell liability, warranting dismissal.
• Doe v. Hernando Cnty. Sch. Dist.
  M.D. Fla.· 2024-08-26
  The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
• Adderley v. Austin
  N.D. Fla.· 2024-08-22
  The court held that the plaintiff's amended notice of removal, construed as a complaint, was frivolous and failed to state a claim, and that removal was procedurally improper and untimely.
• Watson v. Carnival Corp.
  S.D. Fla.· 2024-08-21
  The court recommended dismissal of the amended complaint without prejudice because it contained conclusory allegations and failed to adequately plead notice of the dangerous condition, constituting a shotgun pleading.
• Hodges v. Hunter
  M.D. Fla.· 2024-08-21
  The court held that the plaintiff failed to state a plausible claim for municipal liability under § 1983 for failure to train or supervise, and that the state law negligence claim was barred by sovereign immunity or failed to state a claim.