Case law

Harris v. Corizon of Florida, LLC

District Court, M.D. Florida · Jul 8, 2022

Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082. … RELIEF: Immediate access to a qualified doctor who will seriously and fully address my diet and vitamin needs. Id. (emphasis added).

Edom, Jr. v. Chronister

District Court, M.D. Florida · Sep 17, 2021

Under Pickering, a court weighs a > Chronister argues that he is entitled to qualified immunity. (Doc. 16 at 12-15.) … inquiry of qualified immunity as to whether, at the time of the violation, the constitutional right was clearly established.

Virtue v. Yes Care LLC

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

leave to proceed in forma pauperis, so the Court must review the Complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune … Sabrina said she could clearly see Virtue was having mental health issues, and she said she would talk to the doctor. Virtue was prescribed Vistaril, but it was ineffective.

Hamze

District Court, M.D. Florida · Jul 15, 2026

Plaintiff argues Defendants are barred from raising Eleventh Amendment immunity in a motion to dismiss. Doc. 77 at 6–8. … Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082.

Bellay v. Shue

District Court, M.D. Florida · Aug 5, 2022

The spotty record cited by the Court likely dissuaded Officer Shue from seeking interlocutory appeal based on qualified immunity. … immunity.

JERMC LTD. v. Town of Redington Shores

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

Sovereign Immunity The Town argues that it is entitled to sovereign immunity as a matter of law on Plaintiffs’ negligent retention claim. … Although there are clearly pleading defects, it cannot be said at this juncture that Plaintiffs can prove no set of facts to support their claims. See Pinto v.

Pasek v. Kinzel

District Court, M.D. Florida · Oct 14, 2021

Thus, FMLA Plaintiffs “bear[] the burden of establishing a waiver of sovereign immunity.” … And certain aspects of employment are clearly controlled by state law, as reflected in the employee manual that Plaintiffs have provided to the Court.

Lewis v. King

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

The second amended complaint clearly constitutes a shotgun pleading and further fails to state any legally recognized claims for relief. … This collision was clearly an accident. Plaintiff’s prior counsel knew this when he filed the complaint and amended complaint, both sounding in negligence.

Coker v. Warren

District Court, M.D. Florida · Mar 2, 2023

intends to run for office in the future and will be subject to a qualifying fee at that time. … Nevertheless, the City Defendants do not raise any arguments specific to municipal liability, nor do they assert qualified immunity as a defense to the personal-capacity claims.

Mears Transportation Group, Inc. v. Zurich American Insurance

660 F. Supp. 2d 1297 · District Court, M.D. Florida · Aug 27, 2009

Thus, Mears has clearly established that relationship. 1 B. … In this case, Orange County Building and Fire Codes are local ordinances, which qualify as governmental authorities under the Policy.

Chavez

District Court, M.D. Florida · Jul 6, 2026

(Doc. 45 at 5) On June 14, 2023, the plaintiff, who then held a Class C license, re- mained 532 hours short of qualifying for a Class B license. … It creates free-floating anxiety, and your immune system then drops. And what does that lead to? Cancer. So, liter- ally, [the head of] HR is a cancer . . . [and] the manager of the . . .

American Ass'n of People With Disabilities v. Hood

278 F. Supp. 2d 1345 · District Court, M.D. Florida · Aug 19, 2003

The burden of establishing the absence of a genuine issue is on the moving party. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). … Clearly, however, voting is one area that Congress intended the ADA to affect.

Debra P. v. Turlington

474 F. Supp. 244 · District Court, M.D. Florida · Aug 25, 1979

The legitimate interest in implementing a test to evaluate the established state-wide objectives is obvious. … The ability to attend private schools is clearly affected by the student’s or his parents’ financial resources.

McCafferty

District Court, M.D. Florida · Jul 27, 2026

Under the Florida Administrative Code, Kenzie Kare was required to employ qualified and experienced professionals and staff to ensure Plaintiff’s health and safety. … Section 1983 provides a private cause of action against any person who, under color of state law, deprives a person of “any rights, privileges, or immunities secured by the Constitution and laws” of the United

Sierra Club, Inc. v. St. Johns River Water Mgmt. Dist.

320 F. Supp. 3d 1298 · District Court, M.D. Florida · Aug 13, 2018

Bush , 261 F.3d 1037 , 1054-55 (11th Cir. 2001) (federal APA "clearly does not apply to state agencies"), Sw. Williamson Cty. Cmty. Ass'n, Inc. v. … An Interagency Review Team is a panel established by the ACOE to review documentation for the establishment and management of federal mitigation banks, and includes the SJRWMD, the U.S.

Tedder v. Pride Enterprises Incorporated, Corporate Office

District Court, M.D. Florida · Aug 23, 2022

They also assert that they are entitled to qualified immunity. Id. at 11-12. … immunity. 27 has not been raised properly.”)

Liberty American Insurance Group, Inc. v. Westpoint Underwriters, L.L.C.

199 F. Supp. 2d 1271 · District Court, M.D. Florida · Mar 15, 2001

Additionally, to qualify as a trade secret under Florida law, the information must be the subject of reasonable efforts to maintain it secrecy. Fla. Stat. § 688.002 (4). … Because the burden of proof is on Plaintiff Liberty American to establish the likelihood of success on the merits of its copyright infringement claim, and Plaintiffs failed to establish the protectability of its source code

Puglia v. Nienhuis

District Court, M.D. Florida · Dec 11, 2023

“Assessing a claim of qualified immunity involves a two- step process: once a defendant raises the defense, the plaintiff bears the burden of establishing both that the defendant … Because the Court determines that there was no constitutional violation as a matter of law, Defendants are entitled to qualified immunity and Puglia’s claim fails on the merits.

Gulf Atlantic Transport Co. v. Offshore Tugs, Inc.

740 F. Supp. 823 · District Court, M.D. Florida · Mar 26, 1990

In order to establish personal jurisdiction over defendants in this case, plaintiff must prove the elements of either § 48.181(1) or § 48.181(3). … The charter arrangement, which provided for defendants’ crew to operate the tug and control the barge, is clearly not simply a “lease.”

C.P. ex rel. Perez v. Collier County

145 F. Supp. 3d 1085 · District Court, M.D. Florida · Nov 18, 2015

Moore, 422 F.3d 1246 , 1253 n.7 (11th Cir.2005), the facts in the Complaint clearly do not implicate the Fourteenth Amendment. 1 The allegations of excessive force in the *1092 Complaint relate solely to excessive force during … Additionally, Florida courts have held that there, is no sovereign immunity for false arrest. Jibory v. City of Jacksonville, 920 So.2d 666, 667 (Fla.1st DCA 2006) (citations omitted).