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M.D. Fla.·
2020-04-22
The court held that the pro se prisoner's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege that the defendants were state actors or that their conduct violated the Eighth Amendment.
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M.D. Fla.·
2020-04-21
Wilbert R. Hurst, an inmate, sued several Florida Department of Corrections officials under 42 U.S.C. § 1983, alleging violations of his due process rights, First Amendment retaliation, equal protection, deliberate indifference to medical needs, and intentional infliction of emot
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M.D. Fla.·
2020-04-06
The court held that claims against Defendant Inch were dismissed due to Eleventh Amendment immunity and lack of personal participation, and claims against Defendant Perez were dismissed for failing to state a claim of deliberate indifference.
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M.D. Fla.·
2020-03-31
Former inmate Orvel Lloyd brought a civil rights action under 42 U.S.C. § 1983 alleging that sheriff's deputies violated his Fourth Amendment rights during a traffic stop, search, and arrest, and that the sheriff was liable for their conduct. The federal district court granted su
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M.D. Fla.·
2020-03-26
The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because his allegations amounted to negligence, not a constitutional violation.
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M.D. Fla.·
2020-03-17
The court held that the plaintiff failed to exhaust administrative remedies for his excessive force claims and failed to state a claim for relief on any of his asserted constitutional violations.
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M.D. Fla.·
2020-03-10
The court granted-in-part and denied-in-part motions to dismiss, allowing some claims to proceed while dismissing others for failure to meet pleading or presuit notice requirements.
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S.D. Fla.·
2020-03-04
The court held that the deputies were entitled to qualified immunity for the stop and arrest, but not for the initial search of the truck. The claims regarding the stop and arrest were dismissed without prejudice, while the claim regarding the initial search was allowed to procee
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M.D. Fla.·
2020-03-03
The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment and failed to properly exhaust administrative remedies.
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M.D. Fla.·
2020-02-21
The court held that the plaintiff's allegations of a slip and fall and subsequent medical treatment did not rise to the level of an Eighth Amendment violation for cruel and unusual punishment.
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M.D. Fla.·
2020-02-19
The court held that the plaintiff failed to allege sufficient facts to support her claims of race discrimination, retaliation, § 1983, and § 1981, and improperly lumped defendants together.
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M.D. Fla.·
2020-02-14
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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S.D. Fla.·
2020-02-12
The court held that a plaintiff cannot use discovery to identify fictitious defendants when the claims against the primary defendants are dismissed.
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S.D. Fla.·
2020-02-04
The court granted summary judgment for the defendant on Count VI, finding insufficient evidence of a widespread custom or policy. The court also found that the plaintiff could not amend his complaint to assert a state tort claim for false arrest under § 1983.
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S.D. Fla.·
2020-01-29
The court held that the excessive force claim against the deputies was plausible and could be replead, but the false arrest claim was dismissed with prejudice as amendment would be futile.
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M.D. Fla.·
2020-01-24
The court held that a supervisory official cannot be held liable under § 1983 for subordinates' actions absent personal involvement or a policy of deliberate indifference.
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M.D. Fla.·
2020-01-24
The court partially granted the motion to dismiss, dismissing claims against supervisory defendants without prejudice but allowing the deliberate indifference claim against Dr. Lamour to proceed.
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M.D. Fla.·
2020-01-23
The court granted summary judgment for the defendants, finding no evidence of constitutional violations or state law claims sufficient to overcome qualified immunity or Monell liability.
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M.D. Fla.·
2020-01-15
Darrell Archer sued Walmart and its employees after being prevented from leaving the store with a television he had purchased when he refused to show his receipt for a special holiday sales event. The district court granted summary judgment for all defendants on Archer's claims f
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2020-01-14
The court held that the plaintiff inmate failed to state a plausible claim for relief under the Eighth Amendment, Fourteenth Amendment, or First Amendment.
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M.D. Fla.·
2019-12-26
The court held that the plaintiff failed to state a claim under Section 1983 because he did not allege facts showing a deprivation of a constitutional right or municipal liability.
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M.D. Fla.·
2019-12-13
The court held that the plaintiff failed to state a claim under the Eighth Amendment and that official capacity claims for damages were barred by the Eleventh Amendment.
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M.D. Fla.·
2019-12-12
Under Virginia law, tort claims arising from an attorney-client relationship are subsumed by a breach of contract claim for professional malpractice, unless based on an independent duty. Claims for breach of fiduciary duty, negligent misrepresentation, fraud, fraud in the inducem
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M.D. Fla.·
2019-12-05
The court held that the warrantless search of the plaintiff's home was unconstitutional, and granted summary judgment for the plaintiff on this issue. However, the court denied summary judgment for the plaintiff against the City, finding a disputed issue of material fact regardin
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M.D. Fla.·
2019-11-22
The court held that the plaintiff's amended complaint failed to state a plausible claim for relief against the defendants and dismissed it without prejudice, with specific dismissals with prejudice for certain parties.
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Del. Super. Ct.·
2019-11-14
The court granted the School Defendants' motion to dismiss all claims against them, finding Theresa's Title IX claim untimely and that the School Defendants could not be held vicariously liable for Dutton's intentional torts or have reasonably foreseen his sexual assault. The cou
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M.D. Fla.·
2019-11-06
The court held that the plaintiff failed to state an Eighth Amendment claim for failure to protect against most defendants but allowed the failure-to-intervene claim against one defendant to proceed.
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M.D. Fla.·
2019-11-05
The court held that the plaintiff's complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
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M.D. Fla.·
2019-10-30
The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 for denial of access to the law library or exercise, and failed to allege supervisory liability.
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S.D. Fla.·
2019-10-28
The court held that the plaintiff failed to state a claim upon which relief could be granted for his federal constitutional and state law claims, granting the defendants' motion to dismiss.
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M.D. Fla.·
2019-10-24
The court held that the plaintiff's amended civil rights complaint was inadequate and required a second amended complaint to properly set forth his claims.
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S.D. Fla.·
2019-10-11
A plaintiff's request to proceed anonymously is denied when the alleged privacy interests, including personal embarrassment and psychological distress, do not outweigh the customary presumption of openness in judicial proceedings.
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M.D. Fla.·
2019-10-01
The court held that the Sheriff's office and Detention Center are not legal entities amenable to suit, and the Plaintiff failed to state a claim against the Sheriff for supervisor liability.
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N.D. Fla.·
2019-09-30
An autistic, nonverbal student and his parents sued the Okaloosa County School Board and seven individual school officials, alleging that a special education teacher and teacher's aide physically and verbally abused the student over two school years, and that school administrator
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N.D. Fla.·
2019-09-30
The case concerns allegations that an autistic, nonverbal student named N.R. was physically and verbally abused by a special education teacher and teacher's aide at a Florida public school over approximately two years, while school administrators failed to stop the abuse despite
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N.D. Fla.·
2019-09-30
A nonverbal autistic child enrolled in a special education program at a public school in Florida suffered physical and verbal abuse by his special education teacher over two years while school administrators received multiple reports of the abuse but failed to intervene, investig
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S.D. Fla.·
2019-09-16
Summary judgment is granted for Dr. Castillo and the corporate defendants (Wexford and Corizon), but denied as to claims against Dr. Caraballo and Nurse Loznicka.
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M.D. Fla.·
2019-09-16
A plaintiff cannot state a claim under 42 U.S.C. § 1983 based on a defendant's refusal to investigate or prosecute another individual for perjury, as such decisions are within prosecutorial discretion and not actionable.
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S.D. Fla.·
2019-08-28
The court held that the plaintiff's motion to amend was denied for failure to show good cause, the § 1983 claims against the Sheriff were dismissed for failure to state a claim, and supplemental jurisdiction over state law claims was declined.
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N.D. Fla.·
2019-08-26
The court accepted the magistrate judge's report and recommendation, dismissing duplicative claims and claims barred by the Eleventh Amendment, while allowing others to proceed.
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M.D. Fla.·
2019-08-22
The court held that Plaintiff failed to establish a causal connection for his claims against supervisory defendants Woodall and Tucker, but his deliberate indifference claim against Defendant Perry could proceed.
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M.D. Fla.·
2019-08-09
The court held that the insurer has a duty to defend Monarch and Boone based on the allegations in the underlying complaint, but the duty to indemnify is not yet ripe. The court also found that Broadcast is not an additional insured and the insurer has no duty to defend or indemn
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14 Fla. L. Weekly 2706·
Fla. 5th DCA·
2019-06-07
A trial court may find vexatious litigation in a former husband's pursuit and last-minute withdrawal of a contempt motion, but must conduct an evidentiary hearing and apply the Rosen factors before awarding attorney's fees.
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Del. Super. Ct.·
2019-04-30
The court denied the motions to dismiss filed by GRS, SAV, and Varitikias, finding that plaintiffs sufficiently alleged negligence under Restatement (Second) of Torts § 324A(c) based on reliance on a property assessment. The court granted Keycorp and Keybank National Association'
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117 La. 593·
S.D. Fla.·
2018-12-18
The court held that the insurer has a duty to defend its insured because the driver, alleged to be an agent, is not an insured under the policy, and therefore the auto exclusion does not apply to the agency theory of liability.
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106 La. 356·
S.D. Fla.·
2018-10-23
The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
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248 So. 3d 232·
Fla. 5th DCA·
2018-05-18
Court affirmed summary judgment dismissing child sexual abuse negligence and respondeat superior claims as time-barred under Florida's four-year statute of limitations, while certifying conflict with other district courts on the applicable limitations period.
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Fla. 5th DCA·
2018-05-14
Claims for negligence and respondeat superior in a child sexual abuse case are barred by the four-year statute of limitations in section 95.11(3)(a), (p), Florida Statutes (1996).
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Del. Super. Ct.·
2017-11-09
The Court granted summary judgment for the defendants on counts of invasion of privacy, unlawful detention, fabrication of evidence, defamation, and ADA violations. The court denied summary judgment on counts of excessive force and gross negligence, finding genuine issues of mate