Case: Ratlieff v. City of Fort Lauderdale, Florida

0:22-cv-61029 | U.S. District Court for the Southern District of Florida

Filed Date: May 31, 2022

Closed Date: Dec. 23, 2024

Clearinghouse coding complete

Case Summary

In the aftermath of George Floyd's death in May 2020, nationwide protests erupted, including a significant demonstration in Fort Lauderdale, Florida, on May 31, 2020. During the protest, the Fort Lauderdale Police Department (FLPD) attempted to disperse the crowd through use of tear gas and kinetic impact projectiles, otherwise known as rubber bullets. The plaintiff in this case, a participant in the May 2020 demonstration, alleged she was shot in the eye by a direct impound round, causing seve…

In the aftermath of George Floyd's death in May 2020, nationwide protests erupted, including a significant demonstration in Fort Lauderdale, Florida, on May 31, 2020. During the protest, the Fort Lauderdale Police Department (FLPD) attempted to disperse the crowd through use of tear gas and kinetic impact projectiles, otherwise known as rubber bullets.

The plaintiff in this case, a participant in the May 2020 demonstration, alleged she was shot in the eye by a direct impound round, causing severe, painful, and permanent physical and emotional injuries. In response to her injuries, she filed a lawsuit against the City of Fort Lauderdale and several FLPD officers in the U.S. District Court for the Southern District of Florida on May 31, 2022. The eight-count complaint alleged violations of her constitutional rights under the First, Fourth, and Fourteenth Amendments, as well as state law claims for battery and negligence. The plaintiff asserted municipal liability under a Monell “failure to train” theory. The plaintiff sought damages, including punitive damages, prejudgment interest on liquidated damages, costs, and compensatory damages. The matter was assigned to District Judge Rodolfo Armando Ruiz II.

The plaintiff filed an amended complaint on October 27, 2022, wherein she revised the list of named FLDP defendants and added two additional counts: a claim against the City of Fort Lauderdale for negligent instruction, training, and supervision of its officers and a Fourteenth Amendment Procedural Due Process claim against all defendants, alleging that FLDP officers did not issue a proper dispersal order prior to deploying force. For these additional claims, the plaintiff sought compensatory damages, costs, and injunctive relief.

On November 2 and November 10, 2022, the defendants filed a pair of motions to dismiss. Judge Ruiz issued an order on June 1, 2023, granting in part the various motions. 2023 WL 3750581. Specifically, he dismissed without prejudice with leave to amend the plaintiff’s Fourteenth Amendment claims, her Fourth Amendment claims, and, with respect to the city only, her First Amendment claim. Judge Ruiz also ordered the defendant to file a Second Amended Complaint in compliance with his order on or before June 23, 2023. 

After receiving an extension of time, the plaintiff filed a Second Amended Complaint on July 6, 2023. Among other things, the amended complaint pursued a bifurcated approach wherein the plaintiff alleged separate causes of action against the city and the other defendants, where applicable, and separated First Amendment claims into two claims–one for unlawful restriction on speech and the other for retaliation. The complaint also provided a name for one of the three John Doe officers and included as an additional defendant the city’s police chief.

The plaintiff filed a Third Amended Complaint on September 13, 2023, in which she made relatively modest changes to certain of her claims and removed references to one of the named FLPD defendants added in the Second Amended Complaint, substituting back John Doe 1.

The defendants sought summary judgment in a pair of filings made on December 5, 2023, and January 12, 2024. The plaintiff also filed a motion for partial summary judgment on January 12, 2024.

On September 4, 2024, Judge Ruiz issued an order granting in part and denying in part the various summary judgment motions. 2024 WL 4039849. Specifically, he granted summary judgment in favor of the individual defendants on all counts, citing both qualified and statutory immunity. With respect to the city, he denied summary judgment on the two First Amendment claims under the plaintiff’s failure-to-train Monell theory and denied summary judgment as to the state-law battery claim, holding that it would be up to a jury to determine whether the city was liable for the plaintiff’s injuries “through its policies, procedures, and officers’ conduct.”

On October 28, 2024, before the case proceeded to trial, the parties attended mediation and came to a full and final settlement of all claims, pending final consideration and approval by the Fort Lauderdale City Commission. The city commission approved a $1.975 million settlement at its meeting on December 3, 2024. As part of the settlement, FLPD also agreed to overhaul its internal policies. The court approved the settlement on December 23, 2024.

Summary Authors

Andrew Eslich (1/2/2025)

Logan Moore (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63351224/parties/ratlieff-v-city-of-fort-lauderdale-florida/


Judge(s)
Attorney for Plaintiff

Boldt, Kimberly Lynn (Florida)

Davis, Michael T. (Florida)

Kuehne, Benedict P. (Florida)

Attorney for Defendant

Alexander, Scott David (Florida)

Burke, Michael Thomas (Florida)

Documents in the Clearinghouse

Documents in this case
1

0:22-cv-61029

Complaint

May 31, 2022

May 31, 2022

Complaint
49

0:22-cv-61029

First Amended Complaint

Oct. 27, 2022

Oct. 27, 2022

Complaint
93

0:22-cv-61029

Order Granting in Part Motions to Dismiss

June 1, 2023

June 1, 2023

Order/Opinion

2023 WL 3750581

102

0:22-cv-61029

Second Amended Complaint

July 6, 2023

July 6, 2023

Complaint
126

0:22-cv-61029

Third Amended Complaint

Sept. 13, 2023

Sept. 13, 2023

Complaint
178

0:22-cv-61029

Order on Cross Motions for Summary Judgment

Sept. 4, 2024

Sept. 4, 2024

Order/Opinion

2024 WL 4039849

179

0:22-cv-61029

Final Judgment as to Individual Defendants

Sept. 4, 2024

Sept. 4, 2024

Order/Opinion
191

0:22-cv-61029

Mediation Report

Nov. 7, 2024

Nov. 7, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63351224/ratlieff-v-city-of-fort-lauderdale-florida/

Last updated July 5, 2026, 6:24 a.m.

ECF Number Date Description Link
1 May 31, 2022

Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-15679987, filed by LaToya Ratlieff.(Davis, Michael) (Entered: 05/31/2022)

Clearinghouse
3 May 31, 2022

Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (swr) (Entered: 06/01/2022)

RECAP
2 June 1, 2022

Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (swr) (Entered: 06/01/2022)

RECAP
4 June 1, 2022

NOTICE by LaToya Ratlieff re 1 Complaint 42 USC 1983 or Bivens of Filing Civil Cover Sheet and Summons (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Summons - City of Fort Lauderdale, Cristafaro, Eugene, Figueras, Greenlaw, Ramos, Smith) (Davis, Michael) (Entered: 06/01/2022)

RECAP
5 June 1, 2022

Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (amb) (Entered: 06/02/2022)

RECAP
June 1, 2022

Clerks Notice of Docket Correction - ELECTRONIC CASE

June 1, 2022

Clerk's Notice of Judge Assignment and Optional Consent

June 2, 2022

Clerks Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)

6 June 3, 2022

NOTICE of Filing Proposed Summons(es) of Filing Summons by LaToya Ratlieff re 1 Complaint 42 USC 1983 or Bivens filed by LaToya Ratlieff (Attachments: # 1 Summon(s) City of Fort Lauderdale, Florida, # 2 Summon(s) Cristafaro, # 3 Summon(s) Eugene, # 4 Summon(s) Figueras, # 5 Summon(s) Greenlaw, # 6 Summon(s) Ramos, # 7 Summon(s) Smith) (Davis, Michael) (Entered: 06/03/2022)

RECAP
7 June 3, 2022

Summons Issued as to City of Fort Lauderdale, Florida, Paul Cristafaro, Herns Eugene, Avery Figueras, Steve Greenlaw, Eliezer Ramos, Steve Smith. (pcs) (Entered: 06/03/2022)

RECAP
8 July 5, 2022

ORDER TO PERFECT SERVICE Prefect Service or Show Cause Response due by 8/29/2022. Signed by Judge Rodolfo A. Ruiz, II on 7/5/2022. See attached document for full details. (cqs) (Entered: 07/06/2022)

RECAP
9 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Herns Eugene waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
10 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. City of Fort Lauderdale, Florida waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
11 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Paul Cristafaro waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
12 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Avery Figueras waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
13 Aug. 5, 2022

Summons (Affidavit) Returned Unexecuted by LaToya Ratlieff as to Steve Greenlaw., WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. (Davis, Michael) (Entered: 08/05/2022)

RECAP
14 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Eliezer Ramos waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
15 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Steve Smith waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
16 Aug. 5, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Steve Greenlaw waiver sent on 6/22/2022, response/answer due 8/22/2022. (Davis, Michael) (Entered: 08/05/2022)

RECAP
17 Aug. 7, 2022

ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 8/26/2022 Signed by Judge Rodolfo A. Ruiz, II on 8/5/2022. See attached document for full details. (cqs) (Entered: 08/08/2022)

RECAP
18 Aug. 19, 2022

Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Eliezer Ramos (Burke, Michael) (Entered: 08/19/2022)

RECAP
19 Aug. 19, 2022

Defendant's MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by Eliezer Ramos. Responses due by 9/2/2022 (Burke, Michael) (Entered: 08/19/2022)

RECAP
20 Aug. 19, 2022

RESPONSE TO ORDER TO SHOW CAUSE by LaToya Ratlieff. (Davis, Michael) (Entered: 08/19/2022)

RECAP
21 Aug. 19, 2022

NOTICE of Attorney Appearance by Jeffery Rodman Lawley on behalf of City of Fort Lauderdale, Florida. Attorney Jeffery Rodman Lawley added to party City of Fort Lauderdale, Florida(pty:dft). (Lawley, Jeffery) (Entered: 08/19/2022)

RECAP
22 Aug. 19, 2022

NOTICE of Attorney Appearance by Jeffery Rodman Lawley on behalf of Paul Cristafaro, Herns Eugene, Avery Figueras, Steve Greenlaw, Steve Smith. Attorney Jeffery Rodman Lawley added to party Paul Cristafaro(pty:dft), Attorney Jeffery Rodman Lawley added to party Herns Eugene(pty:dft), Attorney Jeffery Rodman Lawley added to party Avery Figueras(pty:dft), Attorney Jeffery Rodman Lawley added to party Steve Greenlaw(pty:dft), Attorney Jeffery Rodman Lawley added to party Steve Smith(pty:dft). (Lawley, Jeffery) (Entered: 08/19/2022)

RECAP
23 Aug. 22, 2022

MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by Smith, Eugene, Figueras and by City of Fort Lauderdale, Florida, Paul Cristafaro. Responses due by 9/6/2022 (Lawley, Jeffery) (Entered: 08/22/2022)

RECAP
24 Aug. 26, 2022

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Paul Cristafaro, Herns Eugene, Avery Figueras, Steve Greenlaw, Steve Smith (Lawley, Jeffery) (Entered: 08/26/2022)

RECAP
25 Aug. 26, 2022

Joint SCHEDULING REPORT - Rule 16.1 by LaToya Ratlieff (Attachments: # 1 Text of Proposed Order)(Davis, Michael) (Entered: 08/26/2022)

RECAP
26 Aug. 26, 2022

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by LaToya Ratlieff (Davis, Michael) (Entered: 08/26/2022)

RECAP
27 Aug. 30, 2022

ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/28/2023 before Judge Rodolfo A. Ruiz II., Calendar Call set for 8/22/2023 11:00 AM before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 10/10/2022., Discovery due by 5/2/2023., Expert Discovery due by 5/2/2023., Mediation Deadline 5/9/2023., In Limine Motions due by 6/13/2023., Dispositive Motions due by 5/16/2023., Motions due by 5/16/2023., Pretrial Stipulation due by 6/13/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/9/2023.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 8/29/2022. See attached document for full details. (cqs) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 08/30/2022)

RECAP
28 Aug. 30, 2022

DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 8/30/2022. See attached document for full details. (ab03) (Entered: 08/30/2022)

RECAP
29 Sept. 6, 2022

Unopposed MOTION for Leave to File A Combined Response In Opposition To Motions To Dismiss By Defendants by LaToya Ratlieff. (Davis, Michael) (Entered: 09/06/2022)

RECAP
30 Sept. 6, 2022

RESPONSE in Opposition re 19 Defendant's MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM, 23 MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by Smith, Eugene, Figueras and With Incorporated Memorandum of Law and Request for Hearing filed by LaToya Ratlieff. Replies due by 9/13/2022. (Kuehne, Benedict) (Entered: 09/06/2022)

RECAP
31 Sept. 6, 2022

PAPERLESS ORDER granting 29 Plaintiff's Unopposed Motion to File a Combined Response in Opposition to Motions to Dismiss by Defendants (DE19, DE23). Plaintiff is granted leave to file a combined response, not to exceed thirty (30) pages, to 19 Defendant Ramos' Motion to Dismiss and 23 Defendants City of Fort Lauderdale, Steve Smith, Herns Eugene, Paul Cristafaro, Steve Greenlaw, and Avery Figueras' Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law. Plaintiff shall make sure to clearly delineate her response to the grounds for dismissal asserted in Defendants' separate filings. Signed by Judge Rodolfo A. Ruiz, II on 9/6/2022. (zse) (Entered: 09/06/2022)

RECAP
Sept. 7, 2022

Order on Motion for Leave to File

32 Sept. 9, 2022

MOTION for Extension of Time to file Reply Memoranda in Support of Defendants' Motion to Dismiss by City of Fort Lauderdale, Florida, Paul Cristafaro, John Doe 1, John Doe 2, John Doe 3, Herns Eugene, Avery Figueras, Steve Greenlaw, Eliezer Ramos, Steve Smith. Attorney Scott David Alexander added to party City of Fort Lauderdale, Florida(pty:dft), Attorney Scott David Alexander added to party Paul Cristafaro(pty:dft), Attorney Scott David Alexander added to party John Doe 1(pty:dft), Attorney Scott David Alexander added to party John Doe 2(pty:dft), Attorney Scott David Alexander added to party John Doe 3(pty:dft), Attorney Scott David Alexander added to party Herns Eugene(pty:dft), Attorney Scott David Alexander added to party Avery Figueras(pty:dft), Attorney Scott David Alexander added to party Steve Greenlaw(pty:dft), Attorney Scott David Alexander added to party Eliezer Ramos(pty:dft), Attorney Scott David Alexander added to party Steve Smith(pty:dft). Responses due by 9/23/2022 (Attachments: # 1 Text of Proposed Order)(Alexander, Scott) (Entered: 09/09/2022)

RECAP
33 Sept. 9, 2022

NOTICE of Change of Address, Email or Law Firm Name by Stuart Jay Weissman (Weissman, Stuart) (Entered: 09/09/2022)

RECAP
34 Sept. 9, 2022

NOTICE of Change of Address, Email or Law Firm Name by Stuart Nathan Ratzan (Ratzan, Stuart) (Entered: 09/09/2022)

RECAP
35 Sept. 9, 2022

PAPERLESS ORDER granting 32 Unopposed Motion for Extension of Time. Defendants shall file their Replies to 30 Plaintiff's Combined Response in Opposition to Defendants' Motions to Dismiss (DE19, DE23) on or before September 20, 2022. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2022. (zse) (Entered: 09/09/2022)

RECAP
Sept. 9, 2022

Order on Motion for Extension of Time

36 Sept. 12, 2022

CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorneys Stuart Nathan Ratzan and Stuart Jay Weissman re 33 Notice of Change of Address, Email or Law Firm Name, 34 Notice of Change of Address, Email or Law Firm Name. Attorneys Stuart Nathan Ratzan and Stuart Jay Weissman have not completed the required procedures for updating their information with the Court. Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 09/12/2022)

RECAP
Sept. 12, 2022

Reset Deadlines Per DE#35. Responses due by 9/20/2022 (cqs)

Sept. 12, 2022

Set/Reset Deadlines/Hearings

Sept. 12, 2022

~Util - Set/Reset Deadlines/Hearings

Sept. 12, 2022

Clerk's Notice - Attorney Admissions

37 Sept. 13, 2022

CLERK'S NOTICE - Attorney Admissions has not updated email information for attorneys Stuart Nathan Ratzan and Stuart Jay Weissman re 33 Notice of Change of Address, Email or Law Firm Name, 34 Notice of Change of Address, Email or Law Firm Name. Attorneys have not followed the required procedures for updating their email address with the Court. Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their email address. See the Court's website for detailed instructions. www.flsd.uscourts.gov/updating-your-information. (cw) (Entered: 09/13/2022)

RECAP
Sept. 13, 2022

Clerk's Notice - Attorney Admissions

38 Sept. 15, 2022

CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Stuart Nathan Ratzan and Stuart Jay Weissman re 33 Notice of Change of Address, Email or Law Firm Name, 34 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 09/15/2022)

RECAP
Sept. 15, 2022

Clerk's Notice - Attorney Admissions

39 Sept. 20, 2022

Consent MOTION for Extension of Time to File Response/Reply/Answer as to 30 Response in Opposition to Motion, by Figueras, Greenlaw, Smith, Ramos, Eugene and by City of Fort Lauderdale, Florida, Paul Cristafaro. (Lawley, Jeffery) (Entered: 09/20/2022)

RECAP
40 Sept. 20, 2022

PAPERLESS ORDER granting 39 Motion for Extension of Time. Defendants shall file their Replies to 30 Plaintiff's Combined Response in Opposition to Defendants' Motions to Dismiss (DE19, DE23) on or before September 22, 2022. Signed by Judge Rodolfo A. Ruiz, II on 9/20/2022. (zse) (Entered: 09/20/2022)

RECAP
41 Sept. 21, 2022

REPLY to Response to Motion re 19 Defendant's MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM filed by Eliezer Ramos. (Alexander, Scott) (Entered: 09/21/2022)

RECAP
42 Sept. 21, 2022

ORDER TO SHOW CAUSE. Signed by Judge Rodolfo A. Ruiz, II on 9/21/2022. See attached document for full details. (zse) (Entered: 09/21/2022)

RECAP
Sept. 21, 2022

Order on Motion for Extension of Time to File Response/Reply/Answer

43 Sept. 22, 2022

Defendant's REPLY to Response to Motion re 23 MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by Smith, Eugene, Figueras and filed by City of Fort Lauderdale, Florida, Paul Cristafaro. (Lawley, Jeffery) (Entered: 09/22/2022)

RECAP
44 Sept. 28, 2022

Joint NOTICE of Mediator Selection. Selected/Added Arthur Garcia, Jr as Mediator. (Lawley, Jeffery) (Entered: 09/28/2022)

RECAP
45 Sept. 28, 2022

ORDER Scheduling Mediation before Arthur Garcia, Jr., Esq Mediation Hearing set for 5/8/2023 10:00 AM Signed by Judge Rodolfo A. Ruiz, II on 9/28/2022. See attached document for full details. (cqs) (Entered: 09/29/2022)

RECAP
46 Oct. 11, 2022

Plaintiff's MOTION for Leave to File Amended Complaint by LaToya Ratlieff. (Attachments: # 1 Exhibit First Amended Complaint)(Dos Santos, Johan) (Entered: 10/11/2022)

RECAP
47 Oct. 13, 2022

RESPONSE in Opposition re 46 Plaintiff's MOTION for Leave to File Amended Complaint filed by Eliezer Ramos. Replies due by 10/20/2022. (Burke, Michael) (Entered: 10/13/2022)

RECAP
48 Oct. 14, 2022

PAPERLESS ORDER granting 46 Plaintiff's Motion for Leave to File An Amended Complaint ("Motion"). Given the early posture of this case; the timing of Plaintiff's Motion falling within the 27 Scheduling Order deadline to amend pleadings; and the relevant amendment standards set forth in Fed. R. Civ. P. 15(a)(2), the Court finds good cause to grant Plaintiff's Motion. See McKinley v. Kaplan, 177 F.3d 1253, 1258 (11th Cir. 1999) ("In the absence of any apparent or declared reason - such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. - the leave sought should, as the rules require, be 'freely given.'" (quoting Forman v. Davis, 371 U.S. 178, 182 (1962))). Accordingly, the 46 Motion is GRANTED and Defendants' 19 23 Motions to Dismiss are DENIED as moot. Plaintiff is ordered to file an Amended Complaint substantially similar to the Proposed First Amended Complaint annexed to the Motion [ECF No. 46-1] as a separate docket entry. As Defendant Ramos filed a 47 Response in Opposition to Plaintiff's Motion, raising arguments related to futility of amendment, the Court, having reviewed the Response and the Proposed Amended Complaint, cautions Plaintiff to consider the same when finalizing her First Amended Complaint. Signed by Judge Rodolfo A. Ruiz, II on 10/14/2022. (zse) (Entered: 10/14/2022)

RECAP
Oct. 14, 2022

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Leave to File

Oct. 14, 2022

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Leave to File AND Order on Motion to Dismiss for Failure to State a Claim

49 Oct. 27, 2022

First AMENDED COMPLAINT against City of Fort Lauderdale, Florida, Paul Cristafaro, John Doe 1, John Doe 2, John Doe 3, Avery Figueras, Steve Greenlaw, Eliezer Ramos, Robert Dietrich, Douglas MacDoughall filed in response to Order Granting Motion for Leave, filed by LaToya Ratlieff.(Davis, Michael) (Entered: 10/27/2022)

Clearinghouse
50 Nov. 2, 2022

MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Eliezer Ramos. Responses due by 11/16/2022 (Alexander, Scott) (Entered: 11/02/2022)

RECAP
51 Nov. 10, 2022

MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, by City of Fort Lauderdale, Florida, Paul Cristafaro. Responses due by 11/28/2022 (Lawley, Jeffery) (Entered: 11/10/2022)

RECAP
52 Nov. 22, 2022

PAPERLESS ORDER setting telephonic status conference for Friday, December 2, 2022 at 1:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 12:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2022. (zse) (Entered: 11/22/2022)

RECAP
Nov. 23, 2022

Order Setting Status Conference

53 Nov. 29, 2022

Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to 50 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM, 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, by LaToya Ratlieff. (Attachments: # 1 Text of Proposed Order Proposed Order)(Dos Santos, Johan) (Entered: 11/29/2022)

RECAP
54 Nov. 29, 2022

PAPERLESS ORDER granting 53 Unopposed Motion for Extension of Time. Plaintiff shall file responses to Defendants' Motions to Dismiss [ECF Nos. 50-51] on or before December 1, 2022. Signed by Judge Rodolfo A. Ruiz, II on 11/29/2022. (zse) (Entered: 11/29/2022)

RECAP
Nov. 29, 2022

Order on Motion for Extension of Time to File Response/Reply/Answer

55 Dec. 1, 2022

(STRICKEN PER DE#58)RESPONSE in Opposition re 50 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM, 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, filed by LaToya Ratlieff. Replies due by 12/8/2022. (Davis, Michael) Text Modified on 12/2/2022 (cqs). (Entered: 12/02/2022)

RECAP
56 Dec. 2, 2022

Clerk's Notice to Filer re 55 Response in Opposition to Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cqs) (Entered: 12/02/2022)

RECAP
57 Dec. 2, 2022

(STRICKEN PER DE#66)RESPONSE to Motion re 50 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM, 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, filed by LaToya Ratlieff. Replies due by 12/9/2022. (Attachments: # 1 Exhibit FLPD Policy 113, Titled Authorized Less-Lethal Weapons, # 2 Exhibit 40 mm Multi Launcher Operator)(Davis, Michael) Text Modified on 12/9/2022 (cqs). (Entered: 12/02/2022)

RECAP
58 Dec. 2, 2022

NOTICE of Striking 55 Response in Opposition to Motion, filed by LaToya Ratlieff by LaToya Ratlieff (Davis, Michael) (Entered: 12/02/2022)

RECAP
59 Dec. 2, 2022

NOTICE of Filing Proposed Summons(es) of Douglas MacCoughall and Robert Dietrich by LaToya Ratlieff (Attachments: # 1 Summon(s) MacCoughall - Summon, # 2 Summon(s) Dietrich - Summon) (Davis, Michael) (Entered: 12/02/2022)

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60 Dec. 2, 2022

PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 12/2/2022. Attorney Appearance(s): Jeffery Rodman Lawley, Scott David Alexander, Michael T. Davis, Stuart Nathan Ratzan, Stuart Jay Weissman, Benedict P. Kuehne, Johan Daniel Dos Santos, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. (gp) (Entered: 12/02/2022)

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Dec. 2, 2022

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

Dec. 2, 2022

Status Conference

61 Dec. 5, 2022

Summons Issued as to Robert Dietrich. (cqs) (Entered: 12/05/2022)

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62 Dec. 5, 2022

Clerk's Notice to Filer re: Summons(es) cannot be issued. Summons(es) NOT issued for the following reasons- duplicate_summons. Please refile summons for MacCoughall.__ (cqs) (Entered: 12/05/2022)

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63 Dec. 5, 2022

NOTICE of Filing Proposed Summons(es) of Douglas MacCoughall by LaToya Ratlieff (Attachments: # 1 Summon(s) MacCoughall - Summon) (Davis, Michael) (Entered: 12/05/2022)

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64 Dec. 5, 2022

Summons Issued as to Douglas MacDoughall. (cqs) (Entered: 12/05/2022)

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Dec. 5, 2022

Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)

65 Dec. 8, 2022

RESPONSE in Opposition re 50 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM, 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, Corrected filed by LaToya Ratlieff. Replies due by 12/15/2022. (Davis, Michael) (Entered: 12/08/2022)

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66 Dec. 8, 2022

NOTICE of Striking Response To Motions To Dismiss (DE57) by LaToya Ratlieff (Davis, Michael) (Entered: 12/08/2022)

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67 Dec. 8, 2022

Consent MOTION for Extension of Time to File Response/Reply/Answer as to 65 Response in Opposition to Motion, by Greenlaw, Figueras, Eugene, Ramos and by City of Fort Lauderdale, Florida, Paul Cristafaro. (Lawley, Jeffery) (Entered: 12/08/2022)

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68 Dec. 9, 2022

PAPERLESS ORDER granting 67 Motion for Extension of Time. Moving Defendants shall file a combined reply or separate replies to Plaintiff's 65 Corrected Combined Response in Opposition to Defendants' Motions to Dismiss First Amended Complaint on or before December 19, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/9/2022. (zse) (Entered: 12/09/2022)

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Dec. 9, 2022

Set/Reset Deadlines/Hearings

Dec. 9, 2022

Set Deadlines Per DE#68. Replies due by 12/19/2022. (cqs)

Dec. 9, 2022

Order on Motion for Extension of Time to File Response/Reply/Answer

Dec. 9, 2022

~Util - Set/Reset Deadlines/Hearings

69 Dec. 15, 2022

NOTICE of Attorney Appearance by Jeffery Rodman Lawley on behalf of Robert Dietrich, Douglas MacDoughall. Attorney Jeffery Rodman Lawley added to party Robert Dietrich(pty:dft), Attorney Jeffery Rodman Lawley added to party Douglas MacDoughall(pty:dft). (Lawley, Jeffery) (Entered: 12/15/2022)

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70 Dec. 19, 2022

Defendant's REPLY to Response to Motion re 50 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM, 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, Ramos and filed by City of Fort Lauderdale, Florida, Paul Cristafaro. (Lawley, Jeffery) (Entered: 12/19/2022)

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71 Dec. 19, 2022

NOTICE of Joinder by Robert Dietrich re 51 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Greenlaw, Figueras, by Douglas MacDoughall (Lawley, Jeffery)TextModified on 12/20/2022 (cqs). (Entered: 12/19/2022)

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72 Dec. 20, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Douglas MacDoughall waiver sent on 11/23/2022, response/answer due 1/23/2023. (Davis, Michael) (Entered: 12/20/2022)

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73 Dec. 20, 2022

WAIVER OF SERVICE Returned Executed by LaToya Ratlieff. Robert Dietrich waiver sent on 11/23/2022, response/answer due 1/23/2023. (Davis, Michael) (Entered: 12/20/2022)

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74 Jan. 5, 2023

STRICKEN per DE# 75, Unopposed MOTION for Extension of Time to Respond to Plaintiff's Discovery Request by City of Fort Lauderdale, Florida. Responses due by 1/19/2023 (Lawley, Jeffery) Modified text on 1/6/2023 (jas). (Entered: 01/05/2023)

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75 Jan. 5, 2023

PAPERLESS ORDER striking (DE 74 ) Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Discovery Requests. The motion violates the Court's Discovery Procedures Order (DE 28 ) and the District Court's Scheduling Order (DE 27 ), which both state that written discovery motions should not be filed without consent from the Court. Moreover, the District Court's Scheduling Order permits the parties to agree (as they apparently have) to a reasonable extension to respond to discovery without seeking Court intervention as long as that extension does not interfere with other deadlines in the Scheduling Order. Therefore, no Court intervention is necessary. Signed by Magistrate Judge Jared M. Strauss on 1/5/2023. (ab03) (Entered: 01/05/2023)

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Jan. 6, 2023

Order on Motion for Extension of Time

76 Feb. 24, 2023

Joint MOTION for Medical Exam Unopposed Rule 35 by Eliezer Ramos. (Alexander, Scott) (Entered: 02/24/2023)

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Case Details

State / Territory:

Florida

Case Type(s):

Policing

Key Dates

Filing Date: May 31, 2022

Closing Date: Dec. 23, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Florida resident and participant in a Black Lives Matter demonstration.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Fort Lauderdale

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Southern District of Florida 0:22-cv-61029

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1,975,000

Issues

General/Misc.:

Failure to supervise

Failure to train

Policing:

Excessive force

Pepper/OC Spray (policing)

Recommended Citation