1,055 Florida cases classified under this topic, plus 2,310 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Pro se plaintiff James R. Leach sued Sarasota County Sheriff deputies for excessive force, First Amendment retaliation, and malicious prosecution arising from his arrest for felony driving with a suspended license in February 2017. The federal district court granted summary judgm
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S.D. Fla.·
2022-03-24
The court held that the plaintiff's claims were legally insufficient and factually baseless, warranting dismissal.
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The court held that defendants Schouest and Bowden are entitled to qualified immunity because plaintiff failed to state a plausible claim against them for deliberate indifference or due process violations related to their role as grievance responders. The court also found that pl
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Claims against Flagler County and the Sheriff's Office are dismissed without prejudice, but the excessive force claim against Officer Green will proceed.
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M.D. Fla.·
2022-03-16
The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
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The court held that the defendants' use of force did not violate the Eighth Amendment and that the plaintiff's claim regarding the second incident was not barred by failure to exhaust administrative remedies, but granted summary judgment for the defendants on the merits of both i
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The court held that it lacked subject matter jurisdiction over the claims due to the probate exception and the Rooker-Feldman doctrine, and that the defendant judge was protected by judicial immunity.
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M.D. Fla.·
2022-02-18
The court denied plaintiff's motion for sanctions and to compel discovery without prejudice, finding no bad faith or sufficient grounds for sanctions based on the current record.
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The court held that the plaintiff's complaint, as it applied to the hotel, was an impermissible shotgun pleading and failed to state claims for federal civil rights violations, negligence, gross negligence, and intentional infliction of emotional distress.
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The court granted in part Sheriff Gualtieri's motion for summary judgment, finding that claims against him for battery and false arrest were barred by sovereign immunity because the deputy's actions constituted bad faith, malice, or willful and wanton disregard for the plaintiff'
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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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Summary judgment is granted for Defendant Gonzalez because the plaintiff's claims against him are unsupported by evidence, and even if the alleged actions occurred, they do not rise to the level of excessive force or outrageous conduct, and qualified immunity applies.
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M.D. Fla.·
2022-01-03
The court held that genuine issues of material fact exist regarding whether Lee Memorial Health System had notice of Hechavarria's unfitness and whether its actions constituted deliberate indifference or negligence, thus denying summary judgment.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-12-10
The court held that the plaintiff lacked standing to sue the Federal Secretary under the APA and for declaratory relief because the injury was not redressable. The court also held that the plaintiff had stated a claim against the State Secretary under § 1983 for violating the PPS
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The court held that the plaintiff's second amended complaint failed to state a claim for relief under 42 U.S.C. § 1983, dismissing it without prejudice.
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S.D. Fla.·
2021-11-10
The court granted the motion to dismiss, finding it lacked subject matter jurisdiction and that the claims were barred by res judicata.
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The court held that the plaintiff's false arrest claim under § 1983 could proceed as it alleged a violation of a clearly established Fourth Amendment right, but dismissed the false imprisonment claim under the Fourteenth Amendment as it stemmed from the arrest and should be analy
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The court held that a pretrial detainee's constitutional right of access to courts is satisfied if he is offered legal counsel and voluntarily proceeds pro se, even if he claims a lack of legal supplies.
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A complaint alleging misdiagnosis of a cellmate's tuberculosis and subsequent exposure, without alleging deliberate indifference or a policy violation, fails to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2021-10-26
The court recommended dismissal of the case because the plaintiff failed to comply with court orders, filed a deficient 'shotgun pleading,' and failed to state a plausible claim under 42 U.S.C. § 1983.
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The court held that the plaintiff's amended complaint failed to state a plausible claim under 42 U.S.C. § 1983 for violations of his constitutional rights.
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The court recommended granting the plaintiff's petition to approve the attorney ad litem report and enter an order approving the parties' proposed settlement agreement.
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The court granted in part and denied in part the motion to dismiss, denying the motion to strike.
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The court recommends dismissal of the action without prejudice because the plaintiff failed to prosecute the case and comply with two court orders.
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The court held that the plaintiff's proposed amended complaint failed to state a plausible claim for excessive force or to challenge pending criminal proceedings. The court granted a final opportunity to amend the excessive force claim.
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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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The court held that the plaintiff failed to adequately plead violations of his First and Fourth Amendment rights, thus entitling the defendants to qualified immunity.
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S.D. Fla.·
2021-09-30
Florida Carry, a gun rights advocacy group, challenged the police detention and disarming of its members during a June 2018 "open carry" event on a Miami Beach pier, bringing federal civil rights claims under the Fourth and First Amendments and Section 1983. The court granted sum
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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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The court held that the defendant officer was entitled to summary judgment on the plaintiff's § 1983 claims for unlawful stop, arrest, and search.
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The court recommended dismissal of the action without prejudice because the plaintiff failed to prosecute the case, comply with court orders, and update his address.
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The court recommended dismissal of the action because the plaintiff failed to pay the required filing fee or seek leave to proceed in forma pauperis after multiple opportunities and warnings.
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A police officer's use of force claim under the Fourth Amendment was dismissed as barred by qualified immunity, where the officer's conduct—including pointing a firearm, using physical contact, and deploying a taser against a non-compliant suspect—was not clearly established as u
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The court held that the plaintiff failed to exhaust administrative remedies and that his claims, even if considered on the merits, were insufficient to state a claim for deliberate indifference or constitutional violations.
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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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The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 and improperly joined unrelated claims.
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The court held that Plaintiff failed to state a claim against Poppell and Sawyer regarding the disciplinary policy, but may proceed with procedural due process claims against Porfert, McCawley, and Carner.
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The court held that the plaintiff sufficiently pleaded that his speech involved a matter of public concern, but deferred the Pickering balancing test and qualified immunity determination to summary judgment, thus denying dismissal of the claim against the individual defendant. Ho
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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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The court held that the facility failed to demonstrate a legitimate governmental interest in prohibiting outgoing mail from current residents to former residents.
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S.D. Fla.·
2021-07-31
The court held that the case should be remanded to state court because the federal claims were insufficient and did not confer federal question jurisdiction, but denied attorney fees as removal was not objectively unreasonable.
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The court held that the inmate's pro se complaint failed to state a claim for violation of civil rights under 42 U.S.C. § 1983 because it lacked specific factual allegations of actual injury and constitutional deprivation.
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The court held that the plaintiff's failure to intervene, psychological injury, and punitive damages claims against Deputy Turner, as well as his compensatory damages claims against all defendants, shall proceed.
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The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was subject to dismissal.
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The court held that summary judgment was premature due to the need for discovery, but dismissed claims against John Doe defendants and official capacity claims against other defendants. It also found that officers Smith and Mazuryk were entitled to qualified immunity on the failu
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S.D. Fla.·
2021-07-01
The court held that the doctrine of res judicata barred the plaintiff's current claims because they arose from the same nucleus of operative facts as a prior action, which had resulted in a final adjudication on the merits.
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M.D. Fla.·
2021-06-29
The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
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The court held that the plaintiff's allegations were sufficient to overcome the defendants' motions to dismiss based on qualified immunity and Florida sovereign immunity.
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A visually impaired inmate filed a civil rights action under 42 U.S.C. § 1983 alleging that a correctional sergeant used excessive force by spraying chemical agent directly into his surgically repaired eyes despite his nonresistance, and that the warden was deliberately indiffere