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M.D. Fla.·
2022-12-09
The court held that the plaintiff's claims against the judge, public defender, and prosecutor failed to state a claim upon which relief could be granted due to immunity doctrines and lack of factual support for conspiracy allegations.
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M.D. Fla.·
2022-11-14
The State of Florida is immune from suit under the Eleventh Amendment in this § 1983 action, and therefore the Court lacks jurisdiction over the Plaintiff's claims.
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S.D. Fla.·
2022-09-28
The court held that the pro se plaintiff's complaint failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-09-22
The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs against the nurse, and thus claims against the employer and supervisor also failed.
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M.D. Fla.·
2022-09-20
The court held that the inmate's complaint failed to state a claim for denial of access to the courts because he did not allege an actual injury. The court dismissed the case without prejudice.
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M.D. Fla.·
2022-08-16
The court held that the plaintiff's complaint failed to state a plausible claim for relief under the PLRA and various constitutional amendments.
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M.D. Fla.·
2022-08-01
A civil rights complaint challenging convictions that have not been overturned is subject to dismissal under the PLRA for failure to state a claim.
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S.D. Fla.·
2022-07-26
The court held that the plaintiff's complaint, even when liberally construed, failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2022-07-11
The court held that the third amended complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, dismissing the case without prejudice to state court.
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M.D. Fla.·
2022-07-05
The plaintiff lacks standing to bring claims on behalf of her deceased husband because she has not alleged she is the personal representative of his estate as required by Florida law.
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M.D. Fla.·
2022-06-23
The court denied the plaintiff's motion for injunctive relief and ordered him to file an amended complaint because the original complaint was a "shotgun pleading" that failed to state claims with sufficient specificity.
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S.D. Fla.·
2022-06-17
The court held that claims implying the invalidity of a conviction are barred by Heck v. Humphrey, and other claims fail to state a plausible claim for relief under 28 U.S.C. § 1915A.
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S.D. Fla.·
2022-06-06
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, rendering her motion to proceed in forma pauperis moot and her motion for referral to a volunteer attorney program denied without prejudice.
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M.D. Fla.·
2022-06-03
The court held that the plaintiff inmate's complaint failed to state a claim for relief under the Eighth Amendment and was properly dismissed.
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M.D. Fla.·
2022-04-27
The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 and that the court should abstain from interfering with pending state criminal proceedings.
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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.·
2022-04-05
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to time-barred claims, improper defendants, and lack of factual allegations.
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N.D. Fla.·
2022-03-31
Expert testimony by Dr. Roy Bedard regarding police practices, the Sheriff's custom of condoning misconduct, and negligent hiring, supervision, and retention was excluded as unreliable and unhelpful under Federal Rules of Evidence 702 and Daubert. The court found that Bedard's op
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M.D. Fla.·
2022-03-22
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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M.D. Fla.·
2022-03-04
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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S.D. Fla.·
2022-02-12
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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M.D. Fla.·
2021-12-22
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.·
2021-12-07
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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M.D. Fla.·
2021-10-29
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.·
2021-10-25
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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M.D. Fla.·
2021-10-01
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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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 failed to adequately plead violations of his First and Fourth Amendment rights, thus entitling the defendants to qualified immunity.
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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.·
2021-09-09
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.·
2021-08-30
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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M.D. Fla.·
2021-08-13
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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S.D. Fla.·
2021-08-10
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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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.·
2021-07-27
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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S.D. Fla.·
2021-07-23
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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M.D. Fla.·
2021-07-22
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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Fla. 4th DCA·
2021-05-05
Probable cause existed to arrest Ford for obstruction without violence under section 843.02, Florida Statutes, based on her persistent refusal to comply with officers' requests to stop recording and her confrontational conduct that impeded the officers' lawful execution of their
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M.D. Fla.·
2021-04-01
The court held that the plaintiff failed to state a claim against the defendants under 42 U.S.C. § 1983, dismissing claims against the judge and state attorney with prejudice and others without prejudice, allowing amendment.
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M.D. Fla.·
2021-03-18
A pro se civil rights complaint filed by a pretrial detainee must be dismissed if a judgment in favor of the plaintiff would necessarily imply the invalidity of a potential conviction.
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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.·
2021-03-03
The court held that the defendant officer was entitled to qualified immunity because the plaintiff failed to establish a violation of a clearly established constitutional right, and the officer's use of deadly force was objectively reasonable under the circumstances.
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S.D. Fla.·
2021-01-20
A prisoner who is a 'three-striker' under 28 U.S.C. § 1915(g) must prepay the entire filing fee unless they demonstrate imminent danger of serious physical injury.
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S.D. Fla.·
2020-11-30
The court affirmed the magistrate judge's recommendation to dismiss most of the plaintiff's Eighth Amendment claims, finding that the allegations did not sufficiently demonstrate deliberate indifference to serious medical needs or safety.
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S.D. Fla.·
2020-11-18
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
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M.D. Fla.·
2020-08-26
The court held that the officers were entitled to qualified immunity because their actions, including the warrantless entry and use of a police dog, did not violate the plaintiff's clearly established Fourth Amendment rights.
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M.D. Fla.·
2020-05-15
The court held that a pro se prisoner's complaint alleging a private auto repair shop's negligence in servicing a vehicle fails to state a claim under 42 U.S.C. § 1983 because it does not allege a constitutional violation or state action.
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M.D. Fla.·
2020-05-06
The court held that the plaintiff's complaint failed to state cognizable claims under 42 U.S.C. § 1983 due to insufficient factual allegations and the non-existence of private rights of action for certain statutes cited. The plaintiff was granted leave to amend.
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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.·
2020-04-15
Prosecutors are absolutely immune from civil rights claims arising from their prosecutorial functions, including actions related to bail.