Case law

DeSisto College, Inc. v. Town of Howey-In-The-Hills

706 F. Supp. 1479 · District Court, M.D. Florida · Jan 23, 1989

The motion did not raise and the Court did not address questions of immunity of the individual defendants. Plaintiffs filed the Second Amended Complaint on July 10, 1987. … Furthermore, if such relief were permitted, there would be a substantial question whether or not the defendants are protected by qualified immunity. The Court need not address these issues.

Jones III v. Secretary, Department of Corrections (Sarasota County)

District Court, M.D. Florida · Jun 18, 2025

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.”

Harden v. Secretary, Department of Corrections

District Court, M.D. Florida · Sep 24, 2020

Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one … Neither Williams I nor Williams II is “clearly established 6 Harden argues that this Court need not defer to the state court’s conclusion that counsel’s strategic choice was reasonable.

Hill v. Johnson

District Court, M.D. Florida · Jun 9, 2023

Judicial Immunity Counts I, II, III, and IV are due to be dismissed based on judicial immunity. … Ray, 386 U.S. 547, 553–54 (1967) (“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction . . . .”).2

Hann v. Carson

462 F. Supp. 854 · District Court, M.D. Florida · Dec 21, 1978

(2) would a different judgment in the second case impair rights that were established and protected by the judgment in the first case? … An adequate representative relationship that qualifies as privity for res judicata does not include the notion of concurrent interests.

Brady v. Walsh

District Court, M.D. Florida · Jun 10, 2022

Humphrey, 512 U.S. 477 (1994); failure to allege compliance with conditions precedent; qualified immunity; and sovereign immunity. … But a complaint can be dismissed when the existence of an affirmative defense “clearly appears on the face of the complaint.” Quiller v. Barclays Am./Credit, Inc., 727 F.2d 1067, 1069 (11th Cir. 1984).

Wyke v. Polk County School Board

898 F. Supp. 852 · District Court, M.D. Florida · May 15, 1995

Plaintiff called several witnesses to establish that McLaughlin administrators had knowledge of two suicide attempts by Shawn at the school the day before his suicide. … immunity).

Gibson v. Lee County School Board

1 F. Supp. 2d 1426 · District Court, M.D. Florida · Jan 20, 1998

The issuance of the injunction is an “extraordinary and drastic remedy” not to be granted unless the movant clearly carries the burden of persuasion to all four factors. United States v. … At that time, Defendant Whittaker reported that only one of the high schools that had enrolled students for Bible History I had a qualified teacher. 22.

Canal Authority of State of Florida v. Froehlke

81 F.R.D. 609 · District Court, M.D. Florida · Jan 4, 1979

The information sought is clearly probative with respect to, inter alia, the issue of the efficacy of the projections made by defendants and to the question of the risk of pollution to the underground water supply in the … ER 360 — 2—103, 3 the Corps regulation advanced by the federal defendants in support of their privilege, is far from sufficient to establish such authority.

Jesse Lee v. City of Gulfport and James O’Reilly

District Court, M.D. Florida · Nov 13, 2025

O’Reilly also argues that he is entitled to qualified immunity on Counts III and IV. (Doc. # 88 at 10- 12; Doc. # 93 at 2-4). … Qualified Immunity As there was no constitutional violation, Mr. O’Reilly is entitled to qualified immunity on Counts III and IV. See Cottrell v.

Martino

District Court, M.D. Florida · Nov 14, 2025

Furthermore, the factual allegations must go beyond “naked assertions” and establish more than “a sheer possibility” of unlawful activity. … If the state court proceedings have not concluded, this Court’s review or modification of state court orders would clearly interfere.

Phillips v. Epic Aviation, LLC

234 F. Supp. 3d 1174 · District Court, M.D. Florida · Jan 18, 2017

The “Terms” of the auction were: (1) The minimum bid would be $525,000.00, with 10% down and the balance to be paid within 48 hours of the conclusion of the telephonic auction; (2) all qualifying bids were to be received … by the Trustee by 5 p.m. on September 27, 2012; (3) the telephonic auction would be conducted on September 28, 2012 at 2 p.m., if at least two qualifying written bids and deposits were received; (4) the balance of the high

Haller v. AstraZeneca Pharmaceuticals LP

598 F. Supp. 2d 1271 · District Court, M.D. Florida · Feb 6, 2009

Tulloch always qualified his answer with the “straw/camel” analogy. … Smith, 372 F.2d 806, 813-14 (8th Cir.1967) (“It is a well-established principle that the testimony of a qualified medical doctor cannot be excluded simply because he is not a specialist in a particular school of medical practice

Johnson v. Scotty's, Inc.

119 F. Supp. 2d 1276 · District Court, M.D. Florida · Sep 7, 2000

Defendant, however, argues that Plaintiff was no longer qualified for her job due to her inability to afford proper customer service. (Dkt.20). … The Eleventh Circuit stated that “the matter was clearly for the jury, turning ‘largely on credibility determinations committed to the trier of fact.’ ” Id., at 1249.

Rhodes v. City of Jacksonville, Florida

District Court, M.D. Florida · Jun 15, 2020

Constitution and destroys the shield of qualified immunity so that Defendants are liable to pay fair market value and just compensation through inverse condemnation in exercising its power of eminent domain.” … In consideration of the above analysis, the Court finds that Rhodes has failed to establish that Defendants violated the Due Process Clause or the Takings Clause, and this action is due to be dismissed.

Lamb v. Charlotte County

429 F. Supp. 2d 1302 · District Court, M.D. Florida · Apr 21, 2006

In addition, courts may dismiss cases pursuant to Federal Rule of Civil Procedure 12(b)(1) upon finding that the plaintiffs claims are “clearly immaterial, made solely for the purpose of obtaining jurisdiction or are wholly … Plaintiffs ‘future injury’ is identical to the injury allege in Lujan and, therefore, Plaintiff has failed to establish standing to bring this suit.”); Rodriguez v.

Porter v. Smithkline Beecham Corp.

373 F. Supp. 2d 1306 · District Court, M.D. Florida · May 31, 2005

or may become qualified because of your education, training or experience. … This is a clearly an exercise of discretion.

Metz v. Sterling

District Court, M.D. Florida · Oct 6, 2020

First, Plaintiff does not clearly separate each cause of action into a separate count for relief. As best the Court can tell, Plaintiff brings claims under the First and Fourteenth Amendments. … UNITED STATES DISTRICT JUDGE Copies: All Parties of Record 3 The Complaint also includes legal argument, such as a discussion on qualified immunity.

Fed. Trade Comm'n v. Life Mgmt. Servs. of Orange Cnty., LLC

350 F. Supp. 3d 1246 · District Court, M.D. Florida · Dec 7, 2018

Loyal and LMS were clearly operating as a common enterprise. … whether they would be able to continuously qualify for one or otherwise obtain a hardship status. 19 Additionally, even assuming that the customers could qualify for such rates, these statements were still material misrepresentations

Steffen v. United States (In Re Steffen)

405 B.R. 486 · District Court, M.D. Florida · Apr 27, 2009

Steffen asserts, and the Court agrees, that the Court was mistaken in applying a clearly erroneous standard to the factual findings of the Bankruptcy Court. … The transcript of the Section 341 meeting establishes that Riedel did not clearly object to the continuation of the Section 341 meeting.