Case law
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District Court, M.D. Florida · Feb 1, 2024
Defendants’ Motions First, Defendants Boone, Montague, Norton, and Warden Polk invoke qualified immunity, arguing that Plaintiff fails to state a deliberate indifference claim against … In accordance with federal pleading standards—which are not “heightened” when a defendant is entitled to invoke qualified immunity, contrary to Defendants’ assertion—Plaintiff’s allegations
Cited 0 timesUnknownWright v. Secretary, Department of Corrections (Polk)
District Court, M.D. Florida · Sep 18, 2024
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 applies … 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
Cited 0 timesUnknown902 F. Supp. 1522 · District Court, M.D. Florida · Aug 18, 1995
Barnette’s response to interrogatories, but stated in his own deposition that he was not qualified to render an evaluation opinion. Ironically, Mr. … Even if the government had established a pri-ma facie case of contempt, the Court finds that Mr.
Cited 8 timesPublishedDistrict Court, M.D. Florida · May 12, 2020
The movant must clearly establish the burden of persuasion as to the four requisites. See McDonald's Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998). Blazejowski has failed to carry her burden. See Roland v. … Phillips, 19 F.3d 552, 555 (11th Cir. 1994) (quotations and citations omitted) (“Judges are absolutely immune from civil liability under section 1983 for acts performed in their judicial capacity, provided such acts are
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jan 21, 2020
to Eleventh Amendment immunity. … All motions to dismiss and/or for summary judgment shall be filed by May 26, 2020.3 This deadline is also applicable to the filing of any motions or the raising of any affirmative defenses based on qualified immunity.
Cited 0 timesUnknownKierce v. Secretary, Department of Corrections (Polk County)
District Court, M.D. Florida · Sep 5, 2025
[was] established.” (Id.) … For purposes of § 2254(d)(1), the phrase “clearly established Federal law” encompasses the holdings only of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams v.
Cited 0 timesUnknown574 F. Supp. 2d 1265 · District Court, M.D. Florida · Aug 7, 2008
An implied nonexclusive license may be established through the parties’ course of dealing. … If Defendants establish that the photographs qualify as works for hire, Fisher and Roaring Toyz had the right to unfettered use of the photographs.
Cited 1 timesPublished189 F.R.D. 687 · District Court, M.D. Florida · Dec 16, 1999
Busch filed her Motion for New Trial [Docket No. 81] on November 5, 1999. 6 Busch’s motion is clearly untimely. … The standard for “excusable neglect” under Rule 6 is well established. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd.
Cited 370 timesPublishedDistrict Court, M.D. Florida · Apr 13, 2023
Discussion “‘The FTCA is a specific, congressional exception’ to the United States’ sovereign immunity for tort claims, under which the government may ‘be sued by … to by a qualified medical expert.”
Cited 0 timesUnknownBush v. Florida Department of Corrections
District Court, M.D. Florida · Dec 9, 2019
He also sues the FDOC in its “individual capacity,” alleging the FDOC “has a responsibility to hire and train qualified correctional officer[s], these 2 correctional officers that was hired by [FDOC] have violated policy … “To establish a ‘deliberate or conscious choice’ or such ‘deliberate indifference,’ a plaintiff must present some evidence that the municipality knew of a need to train and/or supervise in a particular area and
Cited 0 timesUnknown313 F. Supp. 2d 1338 · District Court, M.D. Florida · Mar 31, 2004
Importantly, the ALJ must clearly articulate the reasons for giving less weight to the opinion of a treating physician, and the failure to do so is reversible error. … The ALJ himself found that the medical evidence establishes that the plaintiff has fibrositis (fibromyalgia), an impairment which is severe. (Tr. 19).
Cited 0 timesPublishedDistrict Court, M.D. Florida · Apr 3, 2023
In rejecting the claim, the postconviction court explained that “the Defendant’s presence at the crime scene was established by his statements to law enforcement. … ; (4) Plaintiff’s claims are barred by qualified immunity; (5) Plaintiff’s claims are barred by Eleventh Amendment immunity; and (6) Plaintiff fails to state a claim for relief.
Cited 0 timesUnknownLeppert v. Secretary, Department of Corrections(Putnam County)
District Court, M.D. Florida · Mar 27, 2024
of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.
Cited 0 timesUnknownMansfield v. Secretary, Department of Corrections
601 F. Supp. 2d 1267 · District Court, M.D. Florida · Feb 26, 2009
The Florida Supreme Court’s rejection of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. … of ... clearly established Federal law.’ ” Id. at 407-08 , 120 S.Ct. at 1520.
Cited 1 timesPublishedDistrict Court, M.D. Florida · Dec 5, 2023
In rejecting this ineffective assistance claim, the postconviction court explained that “the Defendant’s presence at the crime scene was established by his statements to law enforcement. … ; (4) the defendant is entitled to qualified immunity; and 5 (5) the defense is entitled to Eleventh Amendment immunity.
Cited 0 timesUnknown61 F. Supp. 2d 1266 · District Court, M.D. Florida · Jul 28, 1999
The conferees recognize that there are rare disorders or emerging disorders not included in the Listing of Impairments that may be of sufficient severity to qualify for benefits. … Parker continued to symptomatically treat Haw’s condition, and he administered Haws’ immunizations. R. 228.
Cited 2 timesPublishedDistrict Court, M.D. Florida · Sep 11, 2026
of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … Therefore, Erlinger was not clearly established federal law at the time the First DGA denied Petitioner’s claim.
Cited 0 timesUnknownReeseman v. Pinellas Rent-A-Car, Inc.
987 F. Supp. 1428 · District Court, M.D. Florida · Oct 8, 1997
Kastranakes to show that she was qualified for the position. See, e.g., Maria Kastranakes Depo. (Doc. No. 33), p. 17; Michael Kastranakes Depo. (Doc. No. 34), pp. 8-11, 15-16, 33-34; Walega Depo. (Doc. No. 32), p. 50. … Johnson testified, if believed, clearly reflects a discriminatory attitude which correlates to Plaintiff's termination. See, e.g., Buckley v.
Cited 0 timesPublishedDistrict Court, M.D. Florida · Jan 27, 2025
Watkins, 2023 WL 4422527, at *8 (finding verbal sexual threats did not present exceptionally rare case that would give a reasonable correctional officer fair notice of its illegality for purposes of qualified immunity … immunity or compensatory and punitive damages arguments.
Cited 0 timesUnknown440 F. Supp. 2d 1283 · District Court, M.D. Florida · Jul 13, 2006
The evidence clearly establishes that, under French law, petitioner had "rights of custody" concerning the child at the time of removal. *1296 The second component of this requirement is that petitioner establish that, his … Petitioner has produced an affidavit from a qualified French attorney to that effect. Petitioner's Exhibit 14.
Cited 2 timesPublished
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