Case law

Singh v. Green Thumb Landscaping, Inc.

390 F. Supp. 2d 1129 · District Court, M.D. Florida · Apr 4, 2005

Mercy Hospital, Inc., 283 F.3d 561, 564 (3d Cir.2002) (“by referring to ‘such individual,’ the plain text of these statutes clearly prohibits only retaliation against the actual person who engaged in protected activity.”) … plaintiffs had alleged or proved injury to a property or liberty interest protected by the Fourteenth Amendment, and whether the defendant officials were protected by the Eleventh Amendment and the doctrine of sovereign immunity

Beasley v. Wells Fargo Bank, NA

District Court, M.D. Florida · Nov 4, 2021

The shooter sought immunity from prosecution under Florida’s Stand Your Ground law, which the state court denied. … The State Court Order includes findings of fact that the state court found to be established by clear and convincing evidence.

Aguilar Mendez v. St. Johns County

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

reasonable suspicion, grabbing his arm and ordering him not to walk away based only on his presence in a (possibly) high-crime area, SAC ¶¶ 41-57, 150, 176-77, which is unconstitutional under clearly … established law, Brown v.

Roberts v. Secretary, DOC (Lee County)

District Court, M.D. Florida · Jun 7, 2021

“Clearly established federal law” consists of the governing legal principles set forth in the decisions of the United States Supreme Court when the state court issued its decision. … A decision is “contrary to” clearly established federal law if the state court either: (1) applied a rule that contradicts the governing law set forth by Supreme Court case law; or (2) reached

Colony Beach & Tennis Club, Ltd. v. Colony Beach & Tennis Club Ass'n

456 B.R. 545 · District Court, M.D. Florida · Jul 27, 2011

(Ex. 22 Art. 11) The Partnership Agreement immunizes each limited partner from liability for any loss from the hotel’s operation. … Elaborating on behalf of the bankruptcy court, the Association asserts that each claim qualifies as a core proceeding because Section 157 states that a core proceeding includes “allowance or disallowance of claims against

Pease v. Goglin

District Court, M.D. Florida · May 3, 2022

To attribute liability under Section 1983 to these defendants, Pease must allege that their “conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … App’x 696, 701 (11th Cir. 2013) (“Florida law has not established Sheriff’s offices as separate legal entities with the capacity to be sued.”); Dean, 951 F.2d at 1214 (“Sheriff’s departments and police departments are

Daniels v. Inch

District Court, M.D. Florida · Feb 25, 2020

In his complaint and accompanying motion for injunctive relief, he alleges his right to bodily privacy, as established in Boxer v. … In the grievance he attaches, he clearly states he wants DOC to reevaluate the strip search policy as unnecessary and morally degrading.

Cone Corp. v. Hillsborough County

777 F. Supp. 1558 · District Court, M.D. Florida · Nov 13, 1991

This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact, when all the evidence is viewed in … In order to establish an imminent threat of future injury, a requirement for injunctive relief (see Cone, 921 F.2d at 1203 ), the Eleventh Circuit has held that the plaintiff must present “specific, concrete facts” establishing

Thompson v. The City of St. Cloud

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

immunity. … Absent establishing that the requirements for incorporation-by-reference of the video footage have been satisfied, Defendants’ motion will be denied. See, e.g., Wiegand v.

Riggio v. Secretary, Department of Corrections

704 F. Supp. 2d 1244 · District Court, M.D. Florida · Mar 29, 2010

This is clearly sufficient. Dye v. … “Clearly established federal law” consists of the governing legal principles, rather than the dicta, set forth in the decisions of the United States Supreme Court at the time the state court issues its decision.

Sapssov V. Health Management Associates, Inc.

22 F. Supp. 3d 1210 · District Court, M.D. Florida · May 21, 2014

A motive and opportunity to commit fraud, without more, cannot establish scienter. Bryant, 187 F.3d at 1285-86 . … First, plaintiffs’ contention disregards the efficient market hypothesis that they rely on to establish reliance.

Bradford County NAACP v. City of Starke

712 F. Supp. 1523 · District Court, M.D. Florida · Feb 27, 1989

Ross Chandler, qualified as a candidate for the Starke City Commission in July 1986. Approximately three weeks after qualifying, Mr. Chandler withdrew his candidacy. Mr. … If the evidence “clearly establishes that whites, voting as a bloc, will probably defeat blacks voting as a bloc plus white crossovers, then the court may infer, solely from this evidence, both that the current system is

Dickerson v. Stuart

877 F. Supp. 1556 · District Court, M.D. Florida · Feb 10, 1995

The Act restricts speech only where such speech constitutes advice on the progress of childbirth, and removes this restriction where the speaker has obtained a midwifery license through qualified training. … Vagueness “An enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned, 408 U.S. at 108, 92 S.Ct. at 2298 .

Mims v. Old Line Life Insurance Co. of America

46 F. Supp. 2d 1251 · District Court, M.D. Florida · Mar 10, 1999

Life & Health of America, 704 So.2d 1886 (Fla.1998), the Florida Supreme Court held that the parties may modify this standard by including qualifying language in the insurance contract. … Hasbun testified that medical cards have been either stolen or loaned and used by others than the qualified patient.”

Knight v. City of Winter Park

District Court, M.D. Florida · Jun 30, 2025

No. 2), it appears that Plaintiff qualifies as a pauper pursuant to § 1915(a)(1). However, Plaintiff’s complaint (Doc. … In an amended complaint, Plaintiff must clearly allege the legal basis of the cause of action, whether a constitutional provision, treaty, statute, or common law.

In Re the United States for an Order Authorizing the Installation & Use of a Pen Register & Trap & Trace Device

846 F. Supp. 1555 · District Court, M.D. Florida · Mar 14, 1994

The magistrate judge determined that the statute governing the installation and use of pen registers requires a demonstration of qualifying facts sufficient to establish the correctness of both the United States’ assertion … He determined that the United States failed to show the qualifying facts. The court finds that the United States has met the requirements of the statute.

Lowe v. Corizon of Florida, LLC.

District Court, M.D. Florida · Jun 21, 2022

immunity. … Lowe’s Second Amended Complaint (Doc. 55) is DISMISSED WITHOUT PREJUDICE. 11 The Court also need not address Jones’s qualified immunity claim or Jones’s and Wexford’s assertions

AURA NIGHTCLUB v. Orange County

166 F. Supp. 2d 1358 · District Court, M.D. Florida · Sep 17, 2001

No 155) However, on the same day, the County informed Plaintiffs that only Cyberzone was qualified for business, and that Aura would be required to apply for a new certificate of occupancy. Id. … Under these circumstances, Hicks clearly applies. This Court is confident that the state court is competent to deal with the constitutional issues raised in Plaintiffs’ Application for Preliminary Injunction.

Fernandez

District Court, M.D. Florida · Apr 3, 2026

Federal legislation, caselaw, and well-established principles of federalism and comity clearly prohibit the Court from doing so. … They enjoy absolute judicial immunity from all acts taken in their judicial capacity. See, e.g., McCree v. Griffin, No. 19-14646-A, 2020 WL 2632329, at *1 (11th Cir. May 20, 1 See also Moore v.

Vestal v. First Recovery Grp., LLC

292 F. Supp. 3d 1304 · District Court, M.D. Florida · Feb 12, 2018

Section 409.910(6) establishes the mechanisms by which the State of Florida gains rights to third-party benefits. … The Wos Court invalidated a North Carolina Medicaid reimbursement statute because it authorized the State to recover third-party payments, portions of which were immune from reimbursement under the federal anti-lien law.