-
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.
-
M.D. Fla.·
2023-10-30
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against either defendant because the correctional institution is not a legal entity amenable to suit and the complaint lacked specific allegations of policy or custom for the private medica
-
S.D. Fla.·
2023-10-17
The court held that Count IV of the complaint, alleging vicarious liability, was duplicative of direct liability claims in Counts I and II and therefore dismissed it with prejudice.
-
M.D. Fla.·
2023-10-16
An employer cannot be held vicariously liable for an employee's tortious acts, such as drugging or sexual battery, if those acts were not committed within the scope of employment and to further the employer's business interests.
-
M.D. Fla.·
2023-10-16
The court held that a prisoner with three or more prior dismissals under 28 U.S.C. § 1915(g) cannot proceed in forma pauperis unless they allege facts showing imminent danger of serious physical injury.
-
M.D. Fla.·
2023-10-04
The court held that the plaintiff's amended complaint failed to state a viable claim under 42 U.S.C. § 1983 because it did not sufficiently allege official capacity liability against Hernando County or specific facts against the named defendants.
-
M.D. Fla.·
2023-10-02
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against the remaining defendants and that claims against one defendant were dismissed for improper venue.
-
M.D. Fla.·
2023-09-28
Surgret Doss sued several law enforcement officials and the City of Tampa, alleging conspiracy and malicious prosecution after a judge referred him to police for potential perjury during a foreclosure dispute, leading to his arrest and prosecution. The district court dismissed mo
-
S.D. Fla.·
2023-09-22
The court held that summary judgment is inappropriate for negligence claims where genuine disputes of material fact exist regarding fault and comparative negligence, but is appropriate for vicarious liability claims barred by the Graves Amendment.
-
M.D. Fla.·
2023-09-21
The court held that the plaintiff failed to state plausible claims for relief under the First, Fourth, Eighth, and Fourteenth Amendments, and dismissed the complaint.
-
M.D. Fla.·
2023-09-13
The court held that the plaintiff failed to establish that the Intelligence-Led Policing Program was the "moving force" behind the alleged constitutional violations, as the program was not applied to her son as a designated "prolific offender."
-
M.D. Fla.·
2023-09-13
The court held that the plaintiff failed to state a claim upon which relief could be granted and dismissed the fourth amended complaint with prejudice.
-
M.D. Fla.·
2023-09-06
The court held that the complaint constituted a shotgun pleading and dismissed it without prejudice, granting leave to amend.
-
M.D. Fla.·
2023-08-29
The court held that the plaintiff failed to state a plausible deliberate indifference claim against any defendant.
-
M.D. Fla.·
2023-08-14
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 because the medical staff is not a legal entity and the supervisor was not alleged to have directly participated in or caused the constitutional deprivation.
-
S.D. Fla.·
2023-08-10
The court adopts the magistrate judge's report and denies the motion to dismiss, finding the plaintiffs adequately alleged their claim for aiding and abetting conversion.
-
M.D. Fla.·
2023-08-08
The court held that Collier County's motion to dismiss the Monell claim and state law vicarious liability claims is denied, but the indemnification claim is granted.
-
M.D. Fla.·
2023-08-04
The court held that the defendant doctor was entitled to summary judgment because the plaintiff failed to present evidence of deliberate indifference to a serious medical need or First Amendment retaliation.
-
M.D. Fla.·
2023-07-27
The court held that the complaint failed to state a claim against the named defendant because supervisory officials are not liable under § 1983 for subordinates' actions without personal involvement or a causal connection.
-
S.D. Fla.·
2023-07-26
The court held that official capacity claims for damages are barred by the Eleventh Amendment, supervisory and corporate defendants are not liable absent personal involvement or unconstitutional policy, and the Larkin defendants' actions were not deliberately indifferent. Claims
-
M.D. Fla.·
2023-07-25
The court held that the plaintiff failed to state a plausible Eighth Amendment claim against Centurion and that the FDOC Defendants were entitled to Eleventh Amendment immunity for claims in their official capacities.
-
M.D. Fla.·
2023-07-24
The court held that the plaintiff failed to state a claim against the medical companies and Sheriff Chronister, but the case could proceed against unnamed correctional officers for discovery.
-
M.D. Fla.·
2023-07-17
Nicole DeSimone, a former inmate at Flagler County Jail, brought a civil rights action under 42 U.S.C. § 1983 and Florida state law alleging that correctional officer Bradley Gilyard sexually assaulted her in January 2017 due to systemic failures in security and supervision. The
-
M.D. Fla.·
2023-07-13
The court held that the plaintiff sufficiently alleged facts to state a claim for false imprisonment against the City, as the officer's actions were discretionary and not protected by a warrant.
-
M.D. Fla.·
2023-07-12
The court held that the third amended complaint was largely a shotgun pleading and failed to state claims upon which relief could be granted, dismissing most claims with leave to amend, but dismissing IIED and malicious prosecution with prejudice.
-
M.D. Fla.·
2023-06-05
The court held that the defendant, a non-signatory employee, could compel arbitration because the plaintiffs' claims against him arose from his work as an agent for the signatory employer under the Master Services Agreement.
-
Del. Super. Ct.·
2023-05-16
The court denied the defendant's motion to dismiss based on PREP Act immunity, finding that the complaint's allegations of ordinary negligence in a nursing home setting during the COVID-19 pandemic did not directly relate to the use or administration of a covered countermeasure.
-
S.D. Fla.·
2023-05-10
The court held that the City's interpretation of its zoning ordinance was impermissible, and genuine disputes of material fact precluded summary judgment on the First Amendment retaliation claim and the counterclaim. The court granted summary judgment on the Fourteenth Amendment
-
M.D. Fla.·
2023-05-09
The court held that a party claiming damages must provide supporting documentation in initial disclosures and cannot rely on boilerplate objections for privilege or confidentiality.
-
M.D. Fla.·
2023-05-02
The court held that the plaintiff failed to state a claim against Sheriff Gualtieri and that the other defendants were entitled to qualified immunity or summary judgment.
-
M.D. Fla.·
2023-04-24
The court held that the plaintiff plausibly alleged claims for negligent supervision and retention, battery, intentional infliction of emotional distress, and negligence, and thus denied in part and granted in part the motion to dismiss.
-
M.D. Fla.·
2023-04-21
The court denied the motion to strike claims for punitive damages and attorney's fees, finding them not to be redundant, immaterial, impertinent, or scandalous at this stage.
-
M.D. Fla.·
2023-04-07
Defendants lack standing to assert the Center's work product privilege, and their objections based on this statute are overruled.
-
M.D. Fla.·
2023-04-05
The court held that the pro se plaintiff must identify defendants by name to effectuate service of process and cannot compel a non-party to reveal their identities through discovery.
-
M.D. Fla.·
2023-03-28
The court held that a state-law negligence claim against a Sheriff in his official capacity for negligent training of officers is barred by sovereign immunity because training decisions are discretionary functions.
-
M.D. Fla.·
2023-03-23
The court held that the plaintiff's allegations were insufficient to establish a policy or custom of the defendant medical provider that caused the alleged constitutional violation, and thus failed to state a claim.
-
S.D. Fla.·
2023-03-23
The court held that while the plaintiff plausibly alleged facial constitutional violations, her as-applied challenges and the commingling of claims warranted dismissal without prejudice, granting leave to amend.
-
M.D. Fla.·
2023-03-17
Plaintiff Martínez Bowman sued Columbia County Sheriff Mark Hunter, Deputy David Harvey, and Deputy Jayme Gohde under 42 U.S.C. § 1983 and Florida state law following a 2020 incident in which deputies pulled over his vehicle for deficient lighting, deployed a police canine that b
-
48 Fla. L. Weekly D142·
Fla. 2d DCA·
2023-03-17
The appellate court affirmed a summary judgment for the School Board, holding that the four-year statute of limitations for claims against sovereign immune entities applied, rather than the statute allowing claims related to sexual battery of a minor to be brought at any time. Th
-
M.D. Fla.·
2023-03-16
A pretrial detainee who voluntarily waives the right to counsel in a pending criminal case has no constitutional right to access law libraries or other legal materials to aid in his self-representation.
-
M.D. Fla.·
2023-03-15
The court held that a pro se inmate's complaint alleging mail seizure by prison employees failed to state a claim for constitutional violations, and amendment would be futile.
-
S.D. Fla.·
2023-03-13
The court held that disputed factual issues regarding the officers' reasonable suspicion and probable cause preclude dismissal on qualified immunity grounds for false arrest and excessive force claims, and that the malicious prosecution claim is facially plausible, but the munici
-
S.D. Fla.·
2023-03-07
The court held that official capacity claims against officers are claims against the municipality, and that claims must be dismissed if they fail to allege municipal policy or custom, or if administrative remedies were not exhausted, or if defendants are entitled to qualified imm
-
S.D. Fla.·
2023-02-27
The court held that the plaintiffs failed to plead a viable Monell claim, thus the City cannot be held liable under § 1983.
-
M.D. Fla.·
2023-02-07
The court granted summary judgment for the defendant, finding the plaintiff failed to establish deliberate indifference to a serious medical need under the Eighth Amendment.
-
M.D. Fla.·
2023-01-31
The court held that the Third Amended Complaint was an impermissible shotgun pleading as to some defendants and failed to establish supervisory liability or municipal liability as to others, warranting dismissal.
-
M.D. Fla.·
2023-01-10
The court held that claims against Sheriff Hoffman in his official capacity and for supervisory liability are dismissed, but claims against officers for unlawful search and seizure and destruction of evidence in their individual capacities may proceed.
-
M.D. Fla.·
2023-01-05
The court held that the defendant's motion for summary judgment was denied because genuine disputes of material fact existed regarding whether the defendant was deliberately indifferent to the plaintiff's serious medical needs.
-
M.D. Fla.·
2023-01-05
The court held that the Pinellas County Sheriff's Office and Pinellas County Jail are not legal entities capable of being sued under Section 1983, and thus the complaint must be dismissed.
-
M.D. Fla.·
2022-12-27
The court held that there is no Bivens action for First Amendment retaliation claims and that the plaintiff failed to state a plausible deliberate indifference claim against the warden and Doe defendants.