Respondeat Superior

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

• Malcolm v. City of Miami-Dade Cnty.
  S.D. Fla.· 2024-08-16
  The court held that the pro se plaintiff's civil rights complaint must be dismissed because he failed to state a claim and the defendants are immune from suit.
• Doe v. Norwegian Cruise Lines, Ltd
  S.D. Fla.· 2024-08-13
  The court held that the plaintiff's Second Amended Complaint contained shotgun pleadings in Counts 3 and 4, warranting dismissal with prejudice, and denied leave to amend.
• Waters v. Officer Calderon
  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
• Duncan
  Del. Super. Ct.· 2024-07-31
  The Court held that the plaintiff's claims against the individual DNREC employee did not relate back to the original filing and were barred by the statute of limitations. Consequently, the vicarious liability claim against DNREC for tortious interference with contract was also re
• Perez v. Anderson
  M.D. Fla.· 2024-07-24
  The court granted summary judgment for defendants on most claims, finding no genuine dispute of material fact regarding excessive force and upholding qualified immunity.
• Corbin v. Prummell, Jr.
  M.D. Fla.· 2024-07-19
  Sandra and John Corbin sued Charlotte County Sheriff's Office deputies for excessive force, false arrest, and deliberate indifference to medical needs following Sandra's arrest during a traffic stop, where Deputy Aaron Williams leg-swept her, causing a fractured tibia. The court
• Brown v. Naphcare Health Care Servs. of Fla.
  M.D. Fla.· 2024-07-12
  The court held that a Section 1983 claim against an employer based solely on an employee's actions is barred by the inapplicability of respondeat superior, and that while a difference of medical opinion is insufficient, an allegation of being provided no consumable medication for
• Clark v. Pinellas Cnty. Sheriff Dep't
  M.D. Fla.· 2024-07-12
  The court held that the pro se plaintiff's complaint failed to state a claim and must be dismissed without prejudice, with leave to amend to pursue claims arising from his time in the Pinellas County jail.
• Cantrell Dunsmore v. Wells
  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.
• Adkins v. Charlotte C.I.
  M.D. Fla.· 2024-06-25
  The court held that the plaintiff's second amended complaint states a plausible claim against Dr. Noe for an Eighth Amendment violation, but dismisses claims against other defendants for failure to state a claim.
• Bonilla-Melgar v. Quilan
  M.D. Fla.· 2024-06-21
  The court held that the plaintiff's amended complaint, while an improvement, still fails to properly plead claims against defendants in their individual capacities and violates local rules regarding margins, requiring a second amended complaint.
• Joinville v. Nassau Cnty. Sch. Bd.
  M.D. Fla.· 2024-06-04
  The court granted in part and denied in part the motion to dismiss, dismissing the official capacity claim as duplicative but allowing the individual capacity claim to proceed with an opportunity for the plaintiff to amend his complaint.
• Williams v. Dixon
  M.D. Fla.· 2024-05-23
  Elmer Williams, a former inmate with prostate cancer and mobility issues, sued the Florida Department of Corrections and medical contractors for Eighth Amendment deliberate indifference and First Amendment retaliation, alleging defendants delayed his cancer treatment and denied h
• Heath v. Miami-Dade Cnty.
  S.D. Fla.· 2024-05-23
  Angela Heath, suing as administrator of her deceased son Randy Heath's estate, brought Eighth Amendment claims under 42 U.S.C. § 1983 against Miami-Dade County for deliberate indifference to serious medical needs and failure to train jail staff to properly care for inmates with m
• Brown v. Does
  M.D. Fla.· 2024-05-13
  The court held that the plaintiff's third amended complaint failed to state a claim upon which relief could be granted and must be dismissed without prejudice, with leave to amend.
• Gyden v. Dixson
  M.D. Fla.· 2024-05-09
  The court held that denying a grievance without personal participation in the unconstitutional conduct is insufficient to establish § 1983 liability, and a supervisor cannot be held liable under a theory of respondeat superior.
• Izquierdo v. Presidente Supermarket No. 27, Inc.
  Fla. 3d DCA· 2024-05-01
  Where the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate an absence of evidence to support the nonmoving party's case to warrant summary judgment.
• Jones v. Lamb
  M.D. Fla.· 2024-04-17
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
• Garcia v. Ptak
  M.D. Fla.· 2024-04-12
  The court held that the amended complaint failed to state a claim against the defendants in their official capacities because it did not allege an official policy or custom that caused the constitutional violation.
• Steverson v. Dixon
  M.D. Fla.· 2024-04-10
  The court held that the complaint failed to state a claim against most defendants, but allowed the plaintiff to amend his complaint regarding claims against Dr. Miller and Nurse Uney.
• McCabe v. Pinellas Cnty.
  M.D. Fla.· 2024-04-05
  The court held that the pro se plaintiff failed to state a viable § 1983 claim against the Sheriff's Department or Sheriff Gualtieri, and that claims based solely on state law are not actionable under § 1983.
• Lenoir v. Love
  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
• Norfleet v. Charlotte Cnty. Jail
  M.D. Fla.· 2024-03-25
  The court held that the plaintiff's amended complaint was deficient and failed to state a claim, warranting dismissal.
• Knight v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-03-19
  The court held that the plaintiff failed to state a claim against Centurion and dismissed her ADA, equal protection, due process, and privacy claims against it. The court also found that the plaintiff failed to properly exhaust administrative remedies regarding her claims against
• Balaban v. Winters
  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
• Howell v. Wells
  M.D. Fla.· 2024-03-15
  The court held that the plaintiff failed to state a viable § 1983 claim against any defendant and dismissed the complaint without prejudice, granting leave to amend.
• Norfleet v. Charlotte Cnty. Jail
  M.D. Fla.· 2024-03-07
  The court held that the plaintiff's complaint must be dismissed without prejudice due to procedural deficiencies and improper joinder of unrelated claims.
• Moretto v. Wilson
  M.D. Fla.· 2024-03-04
  The court held that while the plaintiff's motion to reopen is granted due to payment of the filing fee, he must file a second amended complaint to properly state his claims.
• Hill v. Hester
  M.D. Fla.· 2024-03-04
  The court held that the second amended complaint failed to state a claim against any defendant and the third amended complaint was improperly filed, but granted leave to file a fourth amended complaint.
• Holmes v. City of Clearwater
  M.D. Fla.· 2024-02-26
  The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
• Battle v. Miller
  S.D. Fla.· 2024-02-20
  The court held that the plaintiff's complaints were impermissible shotgun pleadings and failed to state a claim, but granted leave to amend.
• Jones v. Waters
  M.D. Fla.· 2024-02-07
  The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
• Stewart v. Boone
  M.D. Fla.· 2024-02-01
  The court held that Plaintiff sufficiently alleged claims for excessive force and deliberate indifference to serious medical needs against certain defendants, but failed to state a claim against the John Doe defendant.
• Doherty v. Deputy Mark Borrow
  S.D. Fla.· 2024-01-23
  The court held that excessive force claims against two deputies may proceed, but claims against medical providers, a supervisor, and the county are dismissed.
• Kinard v. The Fla. Dep't of Corr.
  M.D. Fla.· 2024-01-22
  The court held that the plaintiff failed to state a plausible claim for deliberate indifference under the Eighth Amendment against Dr. Cordero and Centurion, and also failed to state a claim against the FDOC under the ADA and RA.
• McKee v. Crestline Hotels & Resorts, LLC
  Fla. 4th DCA· 2024-01-10
  The appellate court affirmed a summary judgment for the hotel, holding that an employee driving home and using his personal cell phone to call his employer was not acting within the scope of his employment. The court found this conduct was not the kind of act the employee was hir
• Jamiese Gabriel Johnson v. All Constr. Res., Inc.
  Fla. 3d DCA· 2024-01-10
  An employer cannot be held liable for an employee's tortious or criminal acts unless the acts were committed during the course of employment to further a purpose or interest of the employer.
• Gaston v. Lake Cnty.
  M.D. Fla.· 2024-01-04
  The court held that public defenders are not state actors for § 1983 claims, and claims against Lake County defendants failed for lack of policy/custom. Claims against the clerk were dismissed due to quasi-judicial immunity. Some retaliation claims against deputies remain.
• Jarvis v. City of Daytona Beach
  M.D. Fla.· 2024-01-03
  The court held that a plaintiff's request for judicial notice of prior court orders was denied because the orders were not established as final and did not demonstrate a widespread custom or policy of the municipality.
• Bradley v. City of Tampa
  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.
• Jones v. Miami Police
  S.D. Fla.· 2024-01-03
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and constituted a shotgun pleading, warranting dismissal.
• Cooper-Levy v. City of Miami
  S.D. Fla.· 2023-12-11
  Homeless individuals sued the City of Miami under Section 1983, alleging that the city violated their Fourth Amendment and due process rights by seizing and destroying their personal property during encampment cleanups without adequate notice or opportunity to recover their belon
• Chadwick v. Katzen
  M.D. Fla.· 2023-11-30
  The court held that personal jurisdiction over the defendants is proper because their actions fall within Florida's long-arm statute and satisfy due process requirements.
• Harvin v. Bennett
  M.D. Fla.· 2023-11-29
  The court held that claims against Warden Baker and defendants in their official capacity must be dismissed, and a prisoner's request for transfer is not a constitutional right.
• Bowden v. Snider
  M.D. Fla.· 2023-11-15
  The court held that plaintiff sufficiently pleaded an Eighth Amendment excessive force claim and state law tort claims, but dismissed the due process claim and official-capacity claims.
• Rothenberg v. Knight Swift Transp.
  M.D. Fla.· 2023-11-14
  Aaron Rothenberg, a former commercial truck driver, sued Swift Transportation, Walmart, Costco, and Target alleging they engaged in a years-long conspiracy to assault, defame, and harass him through employees screaming false accusations, making threats, and invading his privacy.
• Picado v. Reyes
  S.D. Fla.· 2023-11-03
  The court held that the pro se plaintiff's amended complaint failed to state a claim for deliberate indifference to serious medical needs against any defendant.
• Peek v. Dixon
  M.D. Fla.· 2023-11-02
  A plaintiff must allege facts showing direct participation or a causal connection to establish supervisory liability under § 1983.
• Schock v. Hoffman
  M.D. Fla.· 2023-10-30
  The court held that the prisoner's civil rights complaint was dismissed without prejudice, allowing him to file an amended complaint within 30 days, and denied his motion for injunctive relief as moot.
• Nicotra v. Fla. Dep't of Corr.
  M.D. Fla.· 2023-10-30
  The court held that the complaint failed to state a claim against the Secretary of Corrections and denied the plaintiff's motions for transfer, appointment of counsel, and preservation of evidence.