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S.D. Fla.·
2021-02-23
The court adopted in part and rejected in part the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint as a shotgun pleading and several of his claims.
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M.D. Fla.·
2021-02-23
The court held that Deputy Taylor's initial release of his K-9 to pursue fleeing suspects was objectively reasonable and did not violate the Fourth Amendment, thus granting him qualified immunity on that claim. However, the court found genuine disputes of material fact regarding
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S.D. Fla.·
2021-02-18
Eric Watkins sued police officers for falsely arresting him for exposing his genitals in a public park, claiming they violated his Fourth Amendment rights, and also brought claims for fabricating evidence, malicious prosecution, and due process violations. The court denied qualif
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S.D. Fla.·
2021-02-17
The court held that the plaintiff's deliberate indifference and excessive force claims against certain defendants may proceed, while claims against others and the ADA claim were dismissed.
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M.D. Fla.·
2021-02-12
The court held that the plaintiff inmate plausibly alleged an Eighth Amendment deliberate indifference claim against the defendant Secretaries based on supervisory liability.
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M.D. Fla.·
2021-02-08
The court held that while allegations against some nurses were insufficient, claims against Centurion Doctors, Nurses Morton and Mahoney, and Centurion Administrators, as well as Centurion's policies, could plausibly support a claim for deliberate indifference.
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M.D. Fla.·
2021-01-29
The court held that genuine issues of material fact exist regarding whether the defendants' proffered nondiscriminatory reasons for the plaintiff's termination were pretextual, thus denying the motion for summary judgment.
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M.D. Fla.·
2021-01-13
An inmate at Florida State Prison brought a pro se civil rights action against multiple corrections officials alleging deliberate indifference to serious medical needs, discrimination under the Americans with Disabilities Act and Rehabilitation Act, and denial of religious exerci
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Del. Super. Ct.·
2021-01-13
The court granted the motion to dismiss the tortious interference claim, finding that the affiliate privilege applied and the plaintiffs failed to plead sufficient facts demonstrating bad faith by the defendant Investco. The court denied the motion to dismiss the fraud-based coun
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S.D. Fla.·
2020-12-16
The court held that the case must be dismissed due to abstention principles, immunity of state actors, and failure to state a claim upon which relief can be granted.
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M.D. Fla.·
2020-12-11
The court held that a Section 1983 false arrest claim requires personal involvement in the arrest, and mere encouragement is insufficient, but a failure to protect claim based on encouraging an unlawful arrest can survive.
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S.D. Fla.·
2020-12-09
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state claims for excessive force, deliberate indifference to medical needs, and ADA violations, warranting dismissal.
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M.D. Fla.·
2020-12-03
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was partially barred by the statute of limitations, requiring an amended complaint.
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M.D. Fla.·
2020-12-02
The court held that the plaintiff sufficiently alleged a claim for racial discrimination under 42 U.S.C. § 1981, but granted the motion to strike impertinent allegations and punitive damages.
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M.D. Fla.·
2020-12-02
The court held that the plaintiff's Second Amended Complaint was a shotgun pleading and failed to state a claim under 42 U.S.C. § 1983 or state tort law.
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S.D. Fla.·
2020-11-25
The court held that the complaint was a shotgun pleading and dismissed all claims against Mayor Gimenez and Chief Casas, and granted qualified immunity to Mayor Gimenez, Chief Casas, and Sgt. Lowe.
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M.D. Fla.·
2020-11-23
The court denied the Sheriff's motion to dismiss, finding the Plaintiff adequately pleaded claims for medical negligence and violations of constitutional rights under 42 U.S.C. § 1983.
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M.D. Fla.·
2020-11-23
The court held that the plaintiff failed to establish a genuine dispute of material fact regarding Corizon's alleged policy or custom of deliberate indifference to serious medical needs, and thus summary judgment for Corizon was appropriate.
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M.D. Fla.·
2020-11-13
The court held that Deputy Dunn is not entitled to qualified immunity for the § 1983 false arrest claim, but the Fourteenth Amendment claims against both defendants and the battery claims are dismissed. The court also found the negligent hiring, retention, training, and supervisi
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M.D. Fla.·
2020-10-21
Walmart is entitled to summary judgment because the plaintiff cannot satisfy the burden of proof under Florida Statute § 768.0755, which requires showing actual or constructive knowledge of a transitory foreign substance. The plaintiff's other claims are derivative and also dismi
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M.D. Fla.·
2020-10-19
The court held that the plaintiff failed to state a plausible claim for false arrest or violation of freedom of speech against Officer Suttle, and consequently, the claim against the City based on Suttle's actions was also dismissed.
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M.D. Fla.·
2020-10-05
The court held that Plaintiff failed to state a claim for vicarious liability against Aquent, tortious interference, and promissory estoppel, and dismissed the FDUTPA claim for failure to plead actual damages with specificity. Equitable estoppel was dismissed with prejudice as it
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M.D. Fla.·
2020-10-05
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against any defendant because his allegations amounted to negligence, not deliberate indifference to serious medical needs, and he did not plead facts establishing an official policy or custom for th
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M.D. Fla.·
2020-09-30
The court held that the plaintiff's claims against judges and prosecutors were barred by absolute immunity and that the malicious prosecution claim was premature. The court also abstained from interfering with the ongoing state criminal proceedings.
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M.D. Fla.·
2020-09-25
A prisoner cannot recover for mental or emotional injury without a prior showing of physical injury or the commission of a sexual act, and supervisory officials are not liable for subordinates' acts without personal participation or a causal connection.
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S.D. Fla.·
2020-09-24
The court held that a stateless defendant destroys diversity jurisdiction, and that the defendant was not a dispensable party, requiring remand.
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M.D. Fla.·
2020-09-23
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 for deliberate indifference to a serious medical need.
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M.D. Fla.·
2020-09-21
The court held that the plaintiff failed to state a claim for deliberate indifference to a serious medical need under Section 1983 and that the state law negligence claim was properly dismissed for failure to comply with statutory pre-suit notice requirements.
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M.D. Fla.·
2020-09-21
The court held that respondeat superior and piercing the corporate veil are not independent causes of action and dismissed those counts with prejudice, while also dismissing federal securities law claims for certain plaintiffs and striking an aiding and abetting claim.
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M.D. Fla.·
2020-09-17
The court granted in part and denied in part motions to dismiss, finding that some claims against officers Moody and Faltz could proceed, but claims against Warden Lee were dismissed.
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M.D. Fla.·
2020-09-14
The court held that the plaintiffs failed to state a plausible claim for relief under § 1983 for First Amendment retaliation, Fourteenth Amendment equal protection, or injunctive relief, and that claims against certain defendants were based on impermissible respondeat superior.
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M.D. Fla.·
2020-09-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs because he did not identify an official policy or custom of the defendant that caused the alleged constitutional violation.
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Fla. 5th DCA·
2020-08-27
The court held that it is reversible error to enter summary judgment on a ground not raised with particularity in the motion.
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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Fla. 1st DCA·
2020-08-07
This case involves consolidated appeals by a retired plastic surgeon, Dr. Samiian, against his professional liability insurer (FPIC) for bad faith and against his attorneys (Foley Defendants) for legal malpractice. Dr. Samiian alleged that FPIC acted in bad faith by not investiga
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M.D. Fla.·
2020-07-31
The court held that the plaintiff failed to exhaust administrative remedies for his failure-to-protect claim against Defendant Jones. The court also found that the plaintiff's allegations regarding deliberate indifference to serious medical needs against Corizon Health Provider d
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M.D. Fla.·
2020-07-23
The court granted in part and denied in part defendants' motions to dismiss, dismissing federal claims with prejudice due to failure to state a claim or entitlement to immunity, and declining supplemental jurisdiction over state law claims.
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M.D. Fla.·
2020-07-14
The court held that the plaintiff's amended complaint was indecipherable and failed to meet pleading standards, warranting dismissal with leave to amend.
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S.D. Fla.·
2020-07-07
A passenger injured when an upper bunk bed fell on him aboard a Carnival cruise ship sued for negligence, and the court denied summary judgment motions filed by both parties. The court held that under federal maritime law, a cruise ship operator must have actual or constructive n
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M.D. Fla.·
2020-06-23
The court held that the plaintiff's Second Amended Complaint, specifically Count IV, constituted an improper shotgun pleading, failing to comply with federal rules and Eleventh Circuit precedent, thus preventing a preemption analysis.
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S.D. Fla.·
2020-06-08
A former employee sued her employer and its president for sexual harassment and constructive discharge, alleging that the president subjected her to repeated unwelcome sexual contact, lewd comments, and threatening behavior during work hours. The court partially granted and parti
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M.D. Fla.·
2020-06-03
The court held that the plaintiff's allegations of medical negligence and dissatisfaction with care did not rise to the level of deliberate indifference required for an Eighth Amendment claim under Bivens.
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S.D. Fla.·
2020-06-02
The court held that the plaintiff's claims were time-barred by the statute of limitations and that leave to amend would be futile, affirming the dismissal of the case.
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M.D. Fla.·
2020-06-02
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment because he did not allege an official policy or custom of the defendant that caused the alleged constitutional violation.
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M.D. Fla.·
2020-05-20
The court held that a prisoner cannot bring a federal civil action for mental or emotional injury without a prior showing of physical injury, and that claims against a state official in her official capacity require showing a policy or custom caused the injury.
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M.D. Fla.·
2020-05-07
The court held that the plaintiff plausibly alleged that an appropriate official had actual notice of Professor Chestnutt's misconduct and that the university was deliberately indifferent, thus denying the motion to dismiss.
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M.D. Fla.·
2020-05-07
The court granted in part and denied in part defendants' motions to dismiss, dismissing several counts with prejudice or without prejudice for failure to state a claim or due to pleading deficiencies, while allowing others to proceed.
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M.D. Fla.·
2020-05-01
The court held that the plaintiff inmate failed to state a claim under 42 U.S.C. § 1983 because he did not allege facts showing a deprivation of a constitutional right or deliberate indifference by the defendants.
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M.D. Fla.·
2020-04-28
The court held that the plaintiff's request for adverse inferences against the Florida Department of Corrections based on individual defendants' invocation of the Fifth Amendment privilege is premature.
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M.D. Fla.·
2020-04-22
The court held that the plaintiff's second amended complaint failed to state a plausible claim for relief under federal pleading standards.