Case law

Gilliard v. Carson

348 F. Supp. 757 · District Court, M.D. Florida · Sep 29, 1972

The Court concludes further that there is im *762 minent danger that members of the class of indigent citizens facing prosecution in the Municipal Court will similarly have their clearly established constitutional rights … June 19, 1972), said: [W]e do not question or qualify in any way the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding.

Durance v. The School Board of Glades County, Florida

District Court, M.D. Florida · Aug 4, 2025

“[T]o establish a prima facie case of employment discrimination under the ADA, a plaintiff must demonstrate that (1) [s]he has a disability, (2) [s]he is a ‘qualified individual,’ which is to say, able to perform … function[s] including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

Shaunnessey v. Monteris Medical, Inc.

554 F. Supp. 2d 1321 · District Court, M.D. Florida · May 8, 2008

The District Court may reconsider a report and recommendation where it has been shown that the magistrate’s order is clearly erroneous or contrary to law. 28 U.S.C. § 636 (b)(1)(A). … According to Duncan, Defendant did so as part of “fund-raising efforts” and in an effort to search for and select “qualified investigators to conduct clinical testing.” (Duncan Decl. ¶¶ 11, 12).

Logan v. Hall

District Court, M.D. Florida · Nov 19, 2019

Next, Defendant argues that Logan fails to state a plausible Eighth Amendment claim against him, see id. at 8-13, and he is entitled to qualified immunity, see id. at 13-16. … Next, he maintains that he states a plausible Eighth Amendment claim against Defendant Ong, and that Ong is not entitled to qualified immunity. See id. at 2-4.

Rice v. Florida Department of Corrections

District Court, M.D. Florida · May 25, 2023

in nature and to which immunity attaches. … If Plaintiff indeed is challenging the FDOC’s implementation of an established policy, then sovereign immunity would not bar the claim.

Reuss v. Orlando Health, Inc.

140 F. Supp. 3d 1299 · District Court, M.D. Florida · Oct 21, 2015

Only pending claims that had been timely filed qualified — so-called “protective FICA tax refund claims.” … Reuss must establish, among other elements, the existence of a fiduciary duty. See Crusselle v.

Grossman v. Crosby

359 F. Supp. 2d 1233 · District Court, M.D. Florida · Jan 31, 2005

The attorneys only wanted witnesses who could talk about Berman’s good qualifies. (Ex. L, V12/2264). … However, that fact clearly does not establish that performance was deficient.

McIntosh v. Global Trust Management, LLC

District Court, M.D. Florida · Dec 10, 2020

. § 5301, et seq., established the Consumer Financial Protection Bureau (“CFPB”). … immunity.

Correll v. Secretary, Department of Corrections

932 F. Supp. 2d 1257 · District Court, M.D. Florida · Mar 19, 2013

In overruling defense counsel’s objection to qualifying Ms. … To obtain relief Section 2254(d) now requires a petitioner to show that the state court’s decision was either (1) contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the

Jones v. Law Firm of Hill and Ponton

223 F. Supp. 2d 1284 · District Court, M.D. Florida · Aug 13, 2002

Clearly, the absence of damages precludes recovery for malpractice, negligence, breach of fiduciary duty, and breach of contract. … Civil Rights Claims To allege a civil rights cause of action, Jones must demonstrate that the action was committed by a person acting under color of state law, and that the plaintiff was deprived of right, privileges, or immunities

Eslinger v. State of Florida Department of Corrections

District Court, M.D. Florida · May 21, 2021

Alternatively, the causal connection may be established when a supervisor’s “custom or policy ... … under Florida law but confusingly combines the sovereign-immunity and qualified-immunity standards.

Dunn v. Global Trust Management, LLC

District Court, M.D. Florida · Dec 10, 2020

. § 5301, et seq., established the Consumer Financial Protection Bureau (“CFPB”). … immunity.

Blue

District Court, M.D. Florida · May 1, 2026

forma pauperis, the Court is obligated to review the complaint to determine whether it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The amended complaint must clearly state the legal theory or theories upon which Plaintiff seeks relief and explain with factual allegations how the Defendants are responsible.

Doe v. New College of Florida

District Court, M.D. Florida · Sep 28, 2023

As a preliminary matter, to establish actual notice, a plaintiff need not establish the school was aware of prior harassment of the plaintiff herself. See Doe v. Sch. … will be implemented, is not immune.

Brown v. Secretary, Department of Corrections

District Court, M.D. Florida · Jan 23, 2025

determined by the Supreme Court of the United States” or (2) “involved an unreasonable application of . . . clearly established Federal law, as determined by the Supreme Court of the United States.” … “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.

Jackson v. Fiorucci

District Court, M.D. Florida · Aug 1, 2022

Fla. 1996) (noting that the FDOC is “a state agency that is clearly the equivalent of the State of Florida for Eleventh Amendment purposes”). … A plaintiff can also establish the necessary causal connection by showing that a supervisor’s “custom or policy . . .

Willie Mitchell Jr. v. Truist Bank

District Court, M.D. Florida · Sep 9, 2026

Simply put, the conclusory statements in the complaint are insufficient to establish a basis for this Court’s jurisdiction. … The amended complaint must clearly state the legal theory or theories upon which relief is sought and explain with factual allegations how defendant(s) are responsible.

Polypack, Inc. v. Nestle USA, Inc.

District Court, M.D. Florida · Mar 7, 2025

While the burden of establishing the admissibility of expert testimony rests with the proponent of that testimony, a party seeking any relief from the Court must clearly articulate its basis for that relief. … Here, the testimony Polypack cites to support this proposition establishes that Mr.

Jones v. Secretary, Department of Corrections (Polk County)

District Court, M.D. Florida · Nov 8, 2023

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.”

Anderson v. Ivey

District Court, M.D. Florida · Aug 13, 2021

Finally, Defendant “conditionally” renews his previously denied motion for judgment as _ amatter of law on the issue of qualified immunity on the § 1983 claims. II. … Defendant’s Conditional Renewed Motion for Judgment as a Matter of Law (Doc. 114) Finally, Defendant “conditionally” moves for judgment as a matter of law on his qualified immunity defense on the §