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S.D. Fla.·
2021-10-15
The court held that the amended complaint was a shotgun pleading because it failed to separate distinct causes of action into separate counts, warranting dismissal.
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N.D. Fla.·
2021-10-14
The court held that the plaintiff's fourth amended complaint failed to state a plausible claim for relief under the Eighth Amendment or the Americans with Disabilities Act against any of the defendants.
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S.D. Fla.·
2021-10-13
The court held that the defendant is entitled to attorney's fees because the plaintiff's claims under 42 U.S.C. § 1983 were frivolous, unreasonable, and groundless.
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S.D. Fla.·
2021-10-08
The court held that the complaint, while containing some improper re-incorporation of paragraphs, provided sufficient notice and was not a shotgun pleading; however, the federal claims against the County and MDPD were dismissed for failure to adequately allege a municipal policy
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N.D. Fla.·
2021-10-08
The court held that the plaintiff failed to state a plausible Eighth Amendment claim against the defendants, and therefore, the claims should be dismissed.
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M.D. Fla.·
2021-10-05
The court held that Tampa Family Health Centers, Inc. (TFHC) met the requirements for intervention under Federal Rule of Civil Procedure 24(a) and granted its motion to intervene.
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M.D. Fla.·
2021-10-04
The court held that the defendant detective was entitled to summary judgment on all claims because the plaintiff failed to present evidence of constitutional violations, including unlawful entry, search, property destruction, or unlawful arrest.
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M.D. Fla.·
2021-10-01
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was procedurally deficient.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted against any of the federal or state defendants.
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S.D. Fla.·
2021-09-30
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted because it lacked sufficient factual allegations to establish the defendant's liability.
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M.D. Fla.·
2021-09-29
A 50-page handwritten amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to file a second amended complaint that complies with pleading standards.
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M.D. Fla.·
2021-09-23
Dillon Webb sued Columbia County sheriff's deputies and the sheriff for violating his constitutional rights when they arrested him for displaying an obscene bumper sticker reading "I EAT A**" on his vehicle and subsequently subjected him to incarceration and a strip search. The c
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M.D. Fla.·
2021-09-09
Claims against supervisory defendants are dismissed because a plaintiff must allege personal participation or a causal connection between the supervisor's actions and the constitutional deprivation, not merely vicarious liability or the filing of a grievance.
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M.D. Fla.·
2021-08-27
The court granted the City's motion to dismiss, finding Plaintiff failed to state a claim for municipal liability and due process violations, and dismissed claims against individual officers for failure to serve process.
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M.D. Fla.·
2021-08-26
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Sheriff's Office or the named officer.
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M.D. Fla.·
2021-08-21
The court held that the plaintiff failed to state a claim under RICO because he did not adequately plead predicate acts of racketeering activity or a pattern of such activity.
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M.D. Fla.·
2021-08-16
The court held that the plaintiff failed to state a plausible claim for a violation of civil rights under 42 U.S.C. § 1983, and that a sheriff's office or jail is not a legal entity subject to suit.
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M.D. Fla.·
2021-08-12
The court held that the Florida Department of Corrections (FDOC) cannot be held liable under a non-delegable duty theory for medical negligence, as Florida law permits delegation of medical care and FDOC's liability arises from vicarious responsibility for its agents' actions.
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M.D. Fla.·
2021-08-06
Defendant Smith is entitled to qualified immunity because the plaintiff failed to allege facts showing his personal involvement in a constitutional violation. However, the court denied summary judgment on the issue of whether the plaintiff's injuries were de minimis under the PLR
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M.D. Fla.·
2021-08-02
The court held that the defendant did not fail to demonstrate the plaintiff's failure to exhaust administrative remedies, and that the plaintiff failed to present evidence of deliberate indifference to serious medical needs, entitling the defendant to summary judgment.
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M.D. Fla.·
2021-08-02
The court held that the plaintiff failed to state a claim against the supervisory defendant for deliberate indifference, even though administrative remedies were exhausted.
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M.D. Fla.·
2021-07-01
An inmate incarcerated in Florida filed a civil rights action alleging that medical personnel at two correctional facilities violated his Eighth Amendment rights and discriminated against him under the ADA and Fourteenth Amendment by failing to provide adequate post-surgical care
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S.D. Fla.·
2021-06-28
The court granted the defendants' motion for costs in part, awarding a reduced amount due to the plaintiff's financial inability to pay, and denied the defendant's motion for attorney's fees.
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S.D. Fla.·
2021-06-18
The court held that the amended complaint was not a shotgun pleading and that the allegations of prior similar incidents were not grounds for striking the paragraph at this early stage.
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S.D. Fla.·
2021-06-11
The court held that while an issue of fact remains regarding the plaintiff's dependency under DOHSA, claims on behalf of Hardy are dismissed due to lack of proven pecuniary damages, and the tortious interference claim fails as Carnival's conduct was not malicious.
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M.D. Fla.·
2021-06-10
The court held that Defendant Faltz's motion to dismiss should be denied, but Defendant Lee's motion to dismiss should be granted because the plaintiff failed to state a plausible claim against him.
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M.D. Fla.·
2021-06-01
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the Jacksonville Sheriff's Office or Sheriff Mike Williams, either individually or in his official capacity.
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M.D. Fla.·
2021-05-28
The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted due to being a shotgun pleading and lacking specific factual allegations against defendants. The court also found that certain claims, like property deprivation
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M.D. Fla.·
2021-05-24
The court held that the amended complaint was deficient because inmates are not state actors, no factual allegations were made against certain defendants, and constitutional rights were not properly alleged. The court granted plaintiff leave to amend.
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M.D. Fla.·
2021-05-21
The court held that a state agency is not a 'person' under § 1983, but claims against a supervisor can proceed if there's a causal connection. Claims against one warden were dismissed without prejudice, while claims against another were allowed to proceed.
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M.D. Fla.·
2021-05-05
A Florida inmate with hemophilia sued federal prison officials, claiming they were deliberately indifferent to his serious medical condition when they failed to provide emergency doses of Factor 8 medication during bleeding incidents and refused to use his port-a-cath for drug ad
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M.D. Fla.·
2021-04-30
The court held that the plaintiff failed to state a claim against any defendant under 42 U.S.C. § 1983 because he did not allege facts showing an official policy or custom caused the constitutional deprivation.
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M.D. Fla.·
2021-04-29
The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 because the sheriff's office is not a suable entity and the allegations did not rise to the level of deliberate indifference required for a constitutional violation.
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Del. Super. Ct.·
2021-04-29
The court granted summary judgment for the defendants, finding that the plaintiff failed to demonstrate a genuine issue of material fact regarding the identity of the ambulance involved in the accident or the liability of the defendants. The court determined that the plaintiff's
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M.D. Fla.·
2021-04-27
The court held that the arrest report could not be considered on a motion to dismiss because it was not attached to the complaint and its contents were disputed. The court also found that the plaintiff's allegations, if true, stated a claim for excessive force against Officer Gon
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M.D. Fla.·
2021-04-21
Charles McCants sued deputies and jail officials under Section 1983, alleging they used excessive force against him during a jail transfer in January 2016 and falsely reported his conduct during the incident. The district court granted summary judgment for all defendants, finding
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M.D. Fla.·
2021-04-16
The court held that a sheriff's office is not a legal entity amenable to suit under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a prior showing of physical injury.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a suable entity under 42 U.S.C. § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without a physical injury. The court dismissed the case without prejudice, allowing the plaintiff to refile with a proper d
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M.D. Fla.·
2021-04-08
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that the Jacksonville Sheriff's Office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and the plaintiff failed to allege a physical injury as required by the PLRA.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under § 1983 and that a prisoner cannot bring a claim for mental or emotional injury without alleging a physical injury.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under 42 U.S.C. § 1983, and a prisoner cannot bring a claim for mental or emotional injury without alleging a physical injury.
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M.D. Fla.·
2021-04-08
The court held that a sheriff's office is not a legal entity amenable to suit under § 1983 and that a claim for mental or emotional injury without physical injury is barred by the PLRA.
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Del. Super. Ct.·
2021-04-07
The court granted summary judgment for the defendant on claims of respondeat superior and related torts (assault, battery, intentional infliction of emotional distress), finding the employee was not acting within the scope of employment. However, the court denied summary judgment
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M.D. Fla.·
2021-04-01
The court held that the plaintiff's Second Amended Complaint failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
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M.D. Fla.·
2021-03-17
The personal representatives of a deceased prisoner sued corrections officers and medical staff at a Florida prison for allegedly depriving the inmate of adequate food, medical care, and mental health treatment in violation of his constitutional rights. The court denied summary j
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M.D. Fla.·
2021-03-11
The court held that claims challenging the validity of an underlying conviction are barred by Heck v. Humphrey, but claims that do not necessarily invalidate the conviction may proceed. Recusal was denied as there was no reasonable doubt about the judge's impartiality.
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M.D. Fla.·
2021-03-03
Prison inmate Juan Barriera sued Florida Department of Corrections officials under the Eighth Amendment for failing to protect him from a severe attack by a gang-affiliated cellmate at Hamilton Correctional Institution, despite officials' knowledge of prior gang-related violence
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S.D. Fla.·
2021-03-02
The court denied the motion to dismiss, finding that the plaintiff's allegations, if true, stated plausible claims for unlawful seizure and other violations of constitutional rights.
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M.D. Fla.·
2021-03-01
Prison inmate Mack Tedder sued the Florida Department of Corrections and PRIDE Enterprises for alleged discrimination in hiring decisions for a prison dental laboratory position, claiming violations of the Fourteenth Amendment's Equal Protection Clause, Title VII, the ADA, and Fl