Case law

Marcano

District Court, M.D. Florida · Dec 31, 2025

Further, because no reasonable jury could find that Defendants violated any constitutional rights, Defendants are entitled to qualified immunity as to any individual-capacity claims. … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”). C.

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.

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

Advocacy Center for Persons With Disabilities, Inc. v. Woodlands Estates Ass'n

192 F. Supp. 2d 1344 · District Court, M.D. Florida · Jan 31, 2002

Moreover, Defendant has failed to bring forth any evidence on the record to show that Plaintiffs are not disabled or that they do not qualify as “disabled” under the FHAA. … An entity must reasonably accommodate a qualified individual with a disability by making changes in rules, policies, practices, or services, when necessary. Dadian v.

TENET HEALTHSYSTEMS HOSPITALS, INC. v. Shalala

43 F. Supp. 2d 1334 · District Court, M.D. Florida · Mar 19, 1999

When establishing the TEFRA rate of increase ceilings, Congress also provided for “exceptions” and “adjustments.” … In the present case, the Hospitals do qualify for an adjustment or exception to the TEFRA limit for the fiscal year ending May 30, 1984.

Hurley v. United States of America

District Court, M.D. Florida · Jan 30, 2024

and immunity under the Eleventh Amendment. … Fla.), requiring the prison to provide him access to a prison law library managed by qualified librarians and law clerks.

Juarez v. Crews

District Court, M.D. Florida · Jul 17, 2024

“The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, . . . an unreasonable application is different from an incorrect one.” Bell v. … All the credible testimony established that the Defendant, although his command of the English language does not qualify him as fluent in English, could understand English and answer questions sufficiently

Reyes v. Walt Disney World Co.

176 F.R.D. 654 · District Court, M.D. Florida · Feb 3, 1998

Clearly, as the proposed class is presently drawn, plaintiffs lack standing to pursue the action on behalf of each proposed class member. … In short, the representative plaintiffs must establish a factual and legal nexus between their claims and those of the proposed class. See Morrison v. Booth, 763 F.2d 1366, 1371 (11th Cir.1985).

Johnson v. Nocco

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

In the motion, Deputy Dunn argues that he is entitled to qualified immunity because there was actual probable cause to arrest Plaintiff for resisting without violence. … As to the Sheriff’s sovereign immunity argument, the Court finds relief is warranted.

Mohamad v. Lawgical Insight

District Court, M.D. Florida · Sep 22, 2025

The court denied the emergency motion because Plaintiff failed to establish that the harm to him outweighed the harms to Defendants. (Dkt. 6.) … For count two, the Lawyer Defendants argue that the purported facilities do not qualify as such under the SCA because they consist of computers or servers belonging to Ali—they do not consist of internet or network service

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.

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.

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.

Fonte v. Lee Memorial Health System

District Court, M.D. Florida · Aug 28, 2019

There, the appellate court found an Alabama county health department to have immunity because Alabama case law clearly treated such boards as state agencies. 701 F.3d at 659. … The system board may establish bylaws, rules, and regulations governing the organization of such medical staffs, the appointment and reappointment of such medical staffs, the

Harris v. Great Southern Life Insurance

558 F. Supp. 689 · District Court, M.D. Florida · Mar 11, 1983

Larry Johnson, one of the suspects in the murder, acting under full immunity, led the police to the body. … established.

Ware v. United States

971 F. Supp. 1442 · District Court, M.D. Florida · Jul 21, 1997

With regard to Count III, the Bivens action against Agent Hedges in his individual capacity, this Court declined to grant Agent Hedges qualified immunity due to the unresolved issues of fact. 13 12. … In a per curiam unpublished opinion, the circuit court reversed this Court’s ruling on the qualified immunity issue and directed it to enter judgment in favor of Agent Hedges. (Docket No. 160).

Hunter Seaborn Mackenzie Black v. Robert J. Perrault, Jr. and The Florida Department of Financial Services

District Court, M.D. Florida · Jun 23, 2026

As it relates to Category II activities, these “are generally owed to the public at large, and thus do not establish a duty owed to specific individuals.” Smith v. … The Court need not address sovereign immunity to dismiss the complaint. Separately, Defendant DFS raises a defense based on sovereign immunity. Dkt. 40 at 7.

Ault v. Walt Disney World Co.

254 F.R.D. 680 · District Court, M.D. Florida · Jan 5, 2009

The Court notes that Plaintiffs’ counsel are generally experienced and qualified to conduct the instant litigation. … July 12, 2000) (finding Rule 23(b)(2)’s requirements were clearly met in ADA case seeking exclusively injunctive relief).

Diaz v. Hillsborough County Hospital Authority

165 F.R.D. 689 · District Court, M.D. Florida · Mar 27, 1996

Clearly not all aspects of this case present common issues. To the extent that Plaintiffs seek damages, they present unique *694 issues. … Prior to certifying a class, the Court must determine that Plaintiffs’ counsel are qualified, experienced, and generally able to conduct the litigation.

Speights & Runyan v. Butler (In re Celotex Corp.)

232 B.R. 488 · District Court, M.D. Florida · Nov 3, 1998

In order for such services to qualify as substantial contributions to a case, they must be of the type that foster and enhance the progress of reorganization. Id. at 944 . … The standard of review which this Court must now utilize in evaluating the correctness of the Bankruptcy Court’s fee order is well established.