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M.D. Fla.·
2022-12-20
The court held that the pro se complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2022-12-20
A plaintiff may plead direct negligence claims against an employer alongside vicarious liability claims, even in car crash cases, especially where Florida law's damage caps on vicarious liability create potential for additional employer liability.
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M.D. Fla.·
2022-12-19
The court held that the plaintiff's claims for excessive force and failure to intervene could proceed, but the failure-to-train claim was dismissed without prejudice for lack of factual allegations.
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S.D. Fla.·
2022-12-16
The court held that the claim against Officer Rodriguez may proceed, but all other claims against the remaining defendants are dismissed with prejudice, with leave to amend for excessive force claims against unidentified officers.
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M.D. Fla.·
2022-12-08
The Court denied Plaintiff's motion to strike Defendant's affirmative defenses, finding that most were sufficiently pleaded or that striking them was not warranted at this stage.
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S.D. Fla.·
2022-12-06
The Court held that the Plaintiffs' allegations were sufficient to state a claim for municipal liability under Section 1983, and that they had standing for injunctive and declaratory relief.
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M.D. Fla.·
2022-11-18
The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted and is therefore dismissed with prejudice.
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M.D. Fla.·
2022-11-16
The court held that the plaintiff's amended complaint failed to state a plausible claim for deliberate indifference to serious medical needs under the Eighth Amendment, and thus, the court declined supplemental jurisdiction over the state-law claim.
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M.D. Fla.·
2022-11-15
The court held that the plaintiff's civil rights complaint failed to state a claim upon which relief could be granted due to numerous deficiencies, including duplicative claims, failure to allege personal involvement, and lack of specificity.
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M.D. Fla.·
2022-11-09
The court held that a plaintiff can bring direct negligence claims against an employer concurrently with a vicarious liability claim, even if the employer admits the employee acted within the scope of employment, provided the direct claims allege independent negligence by the emp
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M.D. Fla.·
2022-10-14
Claims against former Sheriff Mike Williams and State Attorney Melissa Nelson are dismissed without prejudice, as Plaintiff fails to state a plausible claim for relief against them.
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M.D. Fla.·
2022-10-13
Under Florida law, a plaintiff cannot pursue a direct negligence claim against a defendant who admits vicarious liability for a driver's negligence, unless the direct claim offers a distinct path to liability or additional damages.
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M.D. Fla.·
2022-10-13
The court held that a motion for sanctions was procedurally deficient due to improper service and filing after the challenged pleading was superseded, and that the underlying allegations were not objectively frivolous.
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M.D. Fla.·
2022-09-27
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted because it did not allege sufficient facts to connect any defendant to a violation of his constitutional rights.
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M.D. Fla.·
2022-09-13
The court held that the plaintiff's amended complaint failed to sufficiently plead his claims and improperly joined unrelated allegations against multiple defendants.
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S.D. Fla.·
2022-08-11
The court held that a public defender does not act under color of state law when performing traditional legal functions, thus barring Section 1983 claims against them. The court also declined supplemental jurisdiction over state law malpractice claims.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against the Sheriff, the medical provider, and the jail itself, but granted leave to amend the complaint.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff failed to state a claim against supervisory officials because he did not allege personal participation or a causal connection between their actions and the alleged constitutional violations.
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M.D. Fla.·
2022-07-19
The court held that the plaintiff's claims were fantastic and delusional, failing to state a plausible claim for relief under the PLRA, and that supervisory liability was not sufficiently alleged.
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N.D. Fla.·
2022-07-15
The court held that the defendant superintendent was entitled to qualified immunity and summary judgment because the plaintiff failed to present evidence of her personal involvement in or a causal connection to the alleged constitutional violations, nor evidence of a conspiracy.
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M.D. Fla.·
2022-07-13
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and contained fantastic or delusional allegations, warranting dismissal under the PLRA.
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S.D. Fla.·
2022-06-24
The court held that the wife lacked standing, the husband's claims were barred by Rooker-Feldman and the statute of limitations, and the official-capacity claim failed Monell requirements.
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M.D. Fla.·
2022-06-21
An inmate brought an Eighth Amendment constitutional violation claim against Florida prison officials and a medical services contractor, alleging that a sergeant assaulted him and that medical personnel delayed and denied adequate treatment for his resulting serious shoulder inju
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M.D. Fla.·
2022-06-21
The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
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M.D. Fla.·
2022-06-07
The court held that the plaintiff's deliberate indifference claim may proceed against Corizon and Centurion, and against Drs. Shah and Shubert, as the allegations sufficiently state a plausible claim for relief.
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M.D. Fla.·
2022-05-25
The court held that the complaint contained shotgun pleading deficiencies and that certain claims against the Sheriff were barred by statute, warranting dismissal with leave to amend.
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M.D. Fla.·
2022-04-15
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-03-31
The court held that the plaintiff failed to state a claim for a constitutional violation against the defendant sheriff.
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M.D. Fla.·
2022-03-30
The court held that the United States failed to meet the statutory requirements for removal under the Federally Supported Health Centers Assistance Act (FSHCAA), and therefore the court lacked jurisdiction.
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N.D. Fla.·
2022-03-28
The court denied plaintiff's motion for leave to amend his complaint to add negligence claims, finding them untimely and procedurally deficient.
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M.D. Fla.·
2022-03-21
The court held that the plaintiff's amended complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2022-03-21
The court held that the pro se plaintiff's complaint failed to state a claim and was a shotgun pleading, but granted leave to amend.
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S.D. Fla.·
2022-03-04
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against any of the defendants, either individually or in their official capacities. The court dismissed the complaint with leave to amend.
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M.D. Fla.·
2022-03-02
The court held that Dr. Le's motion for summary judgment should be denied due to disputed material facts regarding deliberate indifference to serious medical needs, and that the Food Service Defendants' motion for summary judgment should be granted as Plaintiff failed to show per
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S.D. Fla.·
2022-02-10
The court held that Plaintiff's individual capacity failure to protect claims against certain officers may proceed, but claims against others and official capacity claims are dismissed.
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M.D. Fla.·
2022-02-07
The court held that a defendant cannot use Federal Rule of Civil Procedure 67 to confess judgment and deposit funds to unilaterally moot claims against individual defendants, and that defendants must answer interrogatories seeking the factual basis for their affirmative defenses.
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S.D. Fla.·
2022-02-01
The court held that a § 1983 claim based solely on ADA rights is barred, a failure to plead a similarly situated comparator warrants dismissal without prejudice, and punitive damages are not recoverable against a school board under the ADAAA.
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Del.·
2022-01-19
The Delaware Supreme Court affirmed the Superior Court's dismissal of defamation claims against Oath Inc. The Court held that the primary article at issue, the 'Isikoff Article,' was substantially true because it accurately reported on the existence of a federal investigation int
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S.D. Fla.·
2022-01-12
The court held that the plaintiff failed to establish municipal liability under § 1983 because the allegations regarding the City Manager's final policymaking authority were conclusory and unsupported by facts, and the City Manager's decisions were subject to review by the City C
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M.D. Fla.·
2022-01-12
The court held that the plaintiff inmate failed to state a claim for an Eighth Amendment violation due to deliberate indifference to serious medical needs, as his allegations were conclusory and lacked specific facts.
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M.D. Fla.·
2022-01-04
The court held that the plaintiffs failed to state an Eighth Amendment claim against Dr. Pedroza, but sufficiently alleged deliberate indifference against Dr. Salman.
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M.D. Fla.·
2021-12-07
The court held that the plaintiff's claims against Corizon were not time-barred due to the continuing violation doctrine, and Centurion's motion to dismiss based on the three-strikes rule was denied. The court will proceed to make specific findings on the exhaustion of administra
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Fla. 3d DCA·
2021-12-01
Avra Jain appeals a judgment awarding attorney's fees to defendant Richard Morgan based on his offer of judgment under Florida Statute § 768.79. The trial court found Morgan entitled to recover fees incurred on his behalf by his law firm despite Morgan himself not being personall
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S.D. Fla.·
2021-11-29
The court held that a handout and statements from shipboard medical staff are admissible as opposing party statements, but reserved ruling on treating physicians' causation opinions and denied exclusion of prior incident evidence as premature, while granting exclusion of referenc
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M.D. Fla.·
2021-11-23
The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
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M.D. Fla.·
2021-11-15
The court held that official capacity claims against the Sheriff and officer are dismissed, but the claim against the officer can proceed as an individual capacity claim for deliberate indifference.
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M.D. Fla.·
2021-11-03
The court dismissed claims against individual defendants for failure to state a claim but allowed the case to proceed against the corporate defendant for alleged policy failures.
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M.D. Fla.·
2021-10-28
The court held that the pro se inmate's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2021-10-27
The court held that the plaintiff failed to state a claim for municipal liability under 42 U.S.C. § 1983 and dismissed the intentional infliction of emotional distress claim, but denied the motion to dismiss the complaint as a shotgun pleading.
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S.D. Fla.·
2021-10-18
The court held that the plaintiff failed to state a claim for failure to intervene and for deliberately indifferent policies, practices, customs, training, and supervision.