Case law

Haliburton v. Inch

District Court, M.D. Florida · Nov 28, 2022

According to Haliburton, after his diagnosis, doctors declared him a qualified individual with a disability and recommended he undergo a liver biopsy and other medical treatments; however, Defendants declined to … Burnside we established a two-step process for resolving motions to dismiss prisoner lawsuits for failure to exhaust. 541 F.3d at 1082.

Liberty Mutual Insurance Company v. Orlando Museum of Art, Inc.

District Court, M.D. Florida · Feb 20, 2025

It explained: The forum-defendant rule clearly contemplates Plaintiff's ability to defeat [d]efendants’ purported right of removal in this case. … Thus, the BVCG Defendants have not established by clear and convincing evidence that “there is no possibility” that Plaintiffs can establish a cause of action for declaratory judgment against OMA under the unique circumstances

Church v. Secretary, Department of Corrections (Pinellas County)

District Court, M.D. Florida · Sep 2, 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.”

Lee v. Lee

District Court, M.D. Florida · Sep 11, 2024

Irrespective of whether the Plaintiff qualifies as indigent for purposes of section 1915, her complaint is subject to dismissal, at a minimum, for want of subject matter jurisdiction and for failing to comply … The Plaintiff’s complaint also does not establish that the Court has diversity jurisdiction over the action either.

Keppel v. Nocco

District Court, M.D. Florida · Sep 24, 2021

“Pursuant to the Eleventh Amendment [of the United States Constitution], a state may not be sued in federal court unless it waives its sovereign immunity or its immunity is abrogated by an act of Congress under … Fla. 2020) (noting that the plaintiffs failed to establish that Florida waived Eleventh Amendment immunity to federal suits based on violations of the state constitution).

Boler v. Space Gateway Support Co. LLC

290 F. Supp. 2d 1272 · District Court, M.D. Florida · May 29, 2003

The law establishing the standard for frivolousness follows. … Yet, where a plaintiff continues to litigate even after the claim was clearly groundless, frivolous, or unreasonable, an award of fees may be proper. See Turner v.

Hooker v. Secretary, Department of Veterans Affairs

District Court, M.D. Florida · Jan 21, 2020

the First Vacancy Announcement, Plaintiff sets forth the failure-to-hire elements for the position under the First Vacancy Announcement and the Second Vacancy Announcement in an apparent attempt to argue that he has “clearly … standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working,” as well as “the operation of a major bodily function, including but not limited to, functions of the immune

Burrows

District Court, M.D. Florida · Jan 26, 2026

Burrows was routinely seen by a physician and clearly had chronic conditions which were subject to flare-ups. … Burrows had an established record of ongoing serious medical conditions for anxiety, blood pressure, and chronic pain. (Doc. #22, pp. 26-36.)

Smith v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 31, 2021

Smith has not established that the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law or was based on an unreasonable factual determination. … Smith does not show that the state court’s finding was contrary to, or involved an unreasonable application of, clearly established federal law. See Morris v.

Wales v. Jack M. Berry, Inc.

192 F. Supp. 2d 1291 · District Court, M.D. Florida · Nov 30, 2000

To the extent Mehta exercised judgment, I find that he was clearly qualified to do so. … An award of actual damages against the defendants in an mount which will clearly exceed $700,000.00 has already been determined.

State Farm Mutual Automobile Insurance v. Duckworth

660 F. Supp. 2d 1323 · District Court, M.D. Florida · Oct 5, 2009

Duckworth explains that Florida citizenship does not require establishment of a permanent abode in the state; being in the process of establishing themselves as permanent residents of the state is enough. … Duckworth asserts that the Duckworths “clearly conveyed” to State Farm that they were in the process of establishing themselves as permanent residents of Florida. (Id. at 13.)

Cruz-Joseph

District Court, M.D. Florida · Apr 21, 2026

the Court to dismiss this case at any time if the Court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune … To establish an Eighth Amendment violation, a prisoner must satisfy both an objective and subjective inquiry regarding a prison official’s conduct. Swain v.

Blaine v. N. Brevard Cnty. Hosp. Dist.

312 F. Supp. 3d 1295 · District Court, M.D. Florida · Jun 6, 2018

Preliminary injunctions are "drastic" and "extraordinary" remedies, not to be issued unless the movant has "clearly established" the burden of persuasion on each element. … As to the Bylaws Claim, PMC invokes immunity under Florida law. ( Id. at 19-20.)

Edmonds v. Warden, FCC Coleman - Medium

District Court, M.D. Florida · Dec 20, 2019

Next, he argues that Edmonds fails to state plausible Eighth Amendment claims against him, see id. at 12-14, and that he is entitled to qualified immunity, see id. at 8-11. … Hawk, 159 F.3d 1321, 1324 (11th Cir. 1998) (stating that “section 1997e(a) by its own terms clearly applies to [plaintiff]’s Bivens action).

Christophe v. Walmart, Inc.

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

In addition, for any claim under the ADA, a plaintiff must also establish that her employer had actual knowledge of her alleged disability or regarded her as disabled. See Cordoba v. … condition affecting one or more of the following body systems: "neurological, musculoskeletal, special sense organs, respiratory . . ., cardiovascular, reproductive, digestive, genitourinary, immune

Carpenter v. Putnam County Jail

District Court, M.D. Florida · Oct 19, 2020

Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.” … Here, Carpenter has not alleged sufficient facts to establish his entitlement to relief.

Hill v. Secretary Florida Department Of Corrections (Duval County)

District Court, M.D. Florida · Aug 16, 2021

A state court’s decision is “contrary to” clearly established federal law if the state court either reaches a conclusion opposite to the Supreme Court of the … If the state court applied clearly established federal law to reasonably determined facts when determining a claim on its merits, “a federal habeas court may not disturb the state court’s decision unless its error

Paradise-Burns

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

(Id., pp. 10–13). 5 Sjogren disease is an immune system disorder characterized by dry eyes and dry mouth. … With this disorder, the body’s immune system attacks its own healthy cells that produce saliva and tears. Hill v. Berryhill, No. 2:20-CV-00892-MHH, 2022 WL 2789223, at *3, n.3 (N.D. Ala.

Sweet v. Canady

District Court, M.D. Florida · Aug 15, 2023

Chief Justice Muñiz argues that the Court should dismiss Plaintiffs’ claims because Plaintiffs lack standing to sue, their claims are barred by state sovereign immunity, they fail to state a claim for injunctive … “The plaintiff has the burden to clearly and specifically set forth facts sufficient to satisfy Art. III standing requirements.” Bochese v.

Tooke v. SUNSHINE TRUST MORTG. TRUST NO. 86-225

149 B.R. 687 · District Court, M.D. Florida · Jun 22, 1992

On April 11, 1991, Appellants filed for bankruptcy under Chapter 12 of Title 11, the reorganization plan for debtors qualifying under 11 U.S.C. § 101 (17), (18), (19) and (20) as family farmers with regular annual income. … [T]he movant must clearly establish: (i) that the movant is likely to prevail on the merits of its appeal, (ii) that the movant will suffer irreparable injury if a stay or other injunctive relief is not granted, (iii) that