Case law

Thomas

District Court, M.D. Florida · Feb 17, 2026

The United States Postal Service enjoys sovereign immunity. “The Postal Service enjoys federal sovereign immunity absent a waiver.” Dolan v. U.S. Postal Serv., 546 U.S. 481, 484 (2006). … However, the allegations pertinent to the Postal Service clearly arise out of the “loss, miscarriage, or negligent transmission” of mail.

Williams v. Pinellas County Schools

District Court, M.D. Florida · Apr 6, 2023

Major life activities also include “the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory … As the Eleventh Circuit has stated clearly, “the duty to provide a reasonable accommodation is not triggered unless a specific demand for an accommodation has been made.” , 167 F.3d 1361

Burnett

District Court, M.D. Florida · Apr 8, 2026

the complaint under section 1915(e)(2) and dismiss the complaint if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … If Plaintiff chooses to replead, her amended complaint must clearly identify each separate claim for relief and must clearly delineate factual allegations and legal basis relevant to each claim and each defendant.

United States v. Thevis

329 F. Supp. 265 · District Court, M.D. Florida · Jun 25, 1971

.’ * * * Under this definition as elaborated in subsequent cases, three elements must coalesce: It must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b … The evidence adduced clearly proves beyond a reasonable doubt that the male and female homosexual material appeals to the prurient interest in sex of these clearly defined deviant groups; further, that the female with male

Sandford

District Court, M.D. Florida · Jun 22, 2026

“Eleventh Amendment immunity bars suits by private individuals in federal court against a state unless the state has consented to be sued or has waived its immunity or Congress has abrogated the states’ immunity.” … Second, Plaintiff’s claims and request for injunctive relief are clearly intertwined with the child support obligation and, therefore, there is a jurisdictional bar.

Steffen v. United States (In Re Steffen)

349 B.R. 734 · District Court, M.D. Florida · Jul 3, 2006

The bankruptcy court’s findings of fact are subject to a clearly erroneous standard of review, and the bankruptcy court’s conclusions of law are reviewed de novo. … In order to qualify for relief under 26 U.S.C. § 1341 , the taxpayer bears the burden of proving that an item was included in her gross income for the prior taxable year and that she had an apparent unrestricted right to

Tedder Boat Ramp System, Inc. v. Hillsborough County

54 F. Supp. 2d 1300 · District Court, M.D. Florida · Jun 23, 1999

Plaintiff alleges his submitted designs were clearly market confidential and copyrighted and that Defendant’s misappropriation of Plaintiffs trade secrets was willful and malicious. … Another difficulty is that the statutory language does give the qualifier that the person getting the information would be able to profit from the information.

Douglas

District Court, M.D. Florida · Feb 5, 2026

Alternatively, Defendants argue that summary judgment on Count I is warranted because Detective Haynes is entitled to qualified immunity. (Id. at 13-14). … immunity.

Sizemore v. United States

651 F. Supp. 463 · District Court, M.D. Florida · Dec 10, 1985

. §§ 1346 (b), 2671-80, is a limited waiver of the government’s sovereign immunity for certain claims sounding in tort. A portion of the Act creates an exception to FTCA liability for discretionary functions. … Decisions as to the manner of enforcing regulations directly affect the feasibility and practicality of the Government’s regulatory program; such decisions require the agency to establish priorities for the accomplishment

Equal Employment Opportunity Commission v. H. S. Camp & Sons, Inc.

542 F. Supp. 411 · District Court, M.D. Florida · Jun 1, 1982

However, in each instance the evidence clearly established that H.S. Camp’s hiring decision was based upon legitimate nondiscriminatory reasons and that race was not a factor in the decision not to hire the applicant. … The evidence establishes that Ms. Coffie, a black employee, is a member of a protected minority and that she was discharged from a position for which she was qualified.

Westgate Resorts, Ltd. v. Sussman

387 F. Supp. 3d 1318 · District Court, M.D. Florida · May 31, 2019

Sussman's stretch for Noerr-Pennington immunity. … Sussman throws out that Noerr-Pennington immunity protects his deed back practices, quizzically reading Westgate's argument that Noerr-Pennington does not immunize Mr.

Hall v. Phillips

District Court, M.D. Florida · Jan 8, 2020

Defendants also assert they are entitled to qualified immunity. Id. at 10. V. … Because Plaintiff states a claim for deliberate indifference, Defendants are not entitled to qualified immunity. See Hill v. Dekalb Reg’l Youth Det.

Blain v. Baker

District Court, M.D. Florida · Apr 14, 2020

If Plaintiff re-asserts these claims against Baker in a second amended complaint, and if she clearly identifies that she is asserting claims against Baker in his individual capacity, the issue of qualified immunity may … In the instant motion, Baker appears to make a six-sentence qualified immunity argument with no citation to case law.

Bauer v. Chronister

District Court, M.D. Florida · Jul 29, 2022

Thus, the Bauers must establish that Florida law required the HCSO to enforce the injunction. They have not done so.? … A concurrence does not establish the law, nor is it persuasive here.

DeSilva Construction Corp. v. Herrald

213 F. Supp. 184 · District Court, M.D. Florida · Dec 5, 1962

The name inserted in the notice of copyright, even though it was not clearly so indicated, is the name of the New York corporation. … Case law is clearly contrary to the proposition urged. In the case of Muller v.

Parker v. Dezzi

District Court, M.D. Florida · Nov 18, 2021

Alternatively, Chief Dezzi and Harmer argue that the claims against them in their individual capacities should be dismissed based on qualified immunity. … Because the § 1983 claims against Chief Dezzi and Harmer are precluded here, it is unnecessary to consider the applicability of qualified immunity. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1.

Cloutier v. Pesata

District Court, M.D. Florida · Sep 11, 2024

immunity as to the individual capacity claims against them, and (4) Cloutier fails to state a claim for relief against Defendants in their official capacities. … Nor can the Court assess whether these Defendants are entitled to the benefit of qualified immunity. his claims on the Court’s Civil Rights Complaint Form.

Armstrong v. Charlotte County Board of County Commissioners

273 F. Supp. 2d 1312 · District Court, M.D. Florida · Apr 10, 2003

In Title VII eases, the Eleventh Circuit has clearly stated that “prevailing Title VII plaintiffs are presumptively entitled to either reinstatement or front pay.” … As discussed above, reinstatement is clearly the preferred remedy. But where, as here, extenuating circumstances render reinstatement unfeasible, front pay should be awarded.

Citizens for Police Accountability Political Committee v. Browning

581 F. Supp. 2d 1164 · District Court, M.D. Florida · Aug 22, 2008

Plaintiffs assert that the best method of obtaining qualified signatures is to seek voters’ signatures, after they have left a polling place or early voting site. (Id. at ¶ 23.) … The ample historical evidence clearly established the necessity for such a restricted zone as to such conduct.

United States v. Aisenberg

120 F. Supp. 2d 1345 · District Court, M.D. Florida · Nov 9, 2000

The transcripts clearly show that the tapes are “not inadmissible per se” because there are no “unintelligible portions [that] are so substantial as to render the recording[s] as a whole untrustworthy.” … Carbone teaches that an otherwise inaudible recording, featuring an “overlay of background noises,” is admissible if and when “filtered and enhanced” with expert assistance and if a qualified witness establishes that the