Case law

Moultrie v. Secretary, Department of Corrections (Duval County)

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

application 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.

Vanessa Tamiche Navarro v. Pamela Bondi, in her official capacity as Attorney General, et al.

District Court, M.D. Florida · Nov 25, 2025

A TRO is an “extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the burden of persuasion as to each of the four prerequisites.” Four Seasons Hotels and Resorts, B.V. … Oct. 28, 2025) (“ICE’s decision to revoke Petitioner’s OSUP, a necessary step to execute his removal order, . . . clearly fall[s] under the purview of § 1252(g).”); see also Gupta v.

Garvey v. Secretary, United States Department of Labor

District Court, M.D. Florida · Apr 24, 2023

Pleading Standards Federal Rules of Civil Procedure 8(a) and 10(b) establish the minimum pleading requirements for a complaint. … In other words, “judicial claims are allowed if they ‘amplify, clarify, or more clearly focus’ the allegations in the EEOC complaint[.]”

Downey v. Perkins

District Court, M.D. Florida · Oct 7, 2024

To state a claim under § 1983, a plaintiff must allege the conduct complained of was committed by a person acting under color of state law, and the conduct deprived the plaintiff of rights, privileges, or immunities secured … “Actual injury may be established by demonstrating that an inmate’s efforts to pursue a nonfrivolous claim were frustrated 2 Unpublished decisions are not binding. See McNamara v.

Southern-Owners Insurance Company v. MAC Contractors of Florida, LLC

District Court, M.D. Florida · Mar 30, 2023

Nevertheless, if the complaint clearly shows “the applicability of a policy exclusion, the insurer has no duty to defend.” Keen v. Fla. … On the other hand, “a claim for the costs of repairing damage to other property caused by defective work does qualify as a claim for ‘property damage.’” J.B.D. b.

Rojas v. Law Offices of Daniel C. Consuegra, P.L.

142 F. Supp. 3d 1206 · District Court, M.D. Florida · Apr 22, 2015

The public records attached to Dyck-O’Neal’s request establish the following: Rojas signed a promissory note for the purchase of property in the amount of $258,490,00.. (Doc. No. 15-1). … Most.importantly here, the first element of both Acts requires that “a plaintiff must make a threshold showing, that the money being collected qualifies as a debt.” Id. (internal quotation marks omitted).

Gibson v. Commissioner of Social Security

District Court, M.D. Florida · May 3, 2024

To make that determination, the ALJ used the multi-step evaluation process established by the Commissioner. See 20 C.F.R. … At the outset, the Court notes that a diagnosis of panuveitis alone does not establish work-related limitations.

Bargeron v. United States

District Court, M.D. Florida · Apr 5, 2021

According to Beeman, a prisoner can establish that the sentencing court relied on the residual clause in two ways. … However, if “‘the evidence does not clearly explain what happened … the party with the burden loses.’” Id. at 1225 (citation omitted).

Lopez v. United States of America

District Court, M.D. Florida · Mar 27, 2020

Defendant USA maintains that Lopez fails “to plead all three elements required under Florida law to establish negligence.” Motion at 8. … While FOIA provides for judicial review of adverse agency determinations, it "clearly requires a party to exhaust all administrative remedies before seeking redress in the federal courts.” Taylor v.

In Re Miva, Inc., Securities Litigation

511 F. Supp. 2d 1242 · District Court, M.D. Florida · Jul 17, 2007

FindWhat accurately stated that two distribution partners represent over 10% of the revenue, and this is not contrary to the established facts. … The two Defendants specifically and clearly refused to answer the question. This does not subject them to liability, whatever their motive may have been.

Butler v. Jones

District Court, M.D. Florida · Mar 5, 2020

In their Motion for Summary Judgment, Defendants argue that they are entitled to qualified immunity because they were performing discretionary functions, they did not violate Plaintiff’s constitutional rights, and … At about the 3:06 minute mark, the cell door is opened and Plaintiff clearly charges the cell extraction team member holding the shield (Defendant Butler).

Navarro v. Florida Institute of Technology, Inc.

District Court, M.D. Florida · Feb 17, 2023

“A preliminary injunction, moreover, ‘is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.’” Llovera v. Fla., 576 F. … REMEDY Plaintiffs have satisfied their burden of clearly establishing that they are entitled to preliminary injunctive relief temporarily reinstating the men’s rowing team.

Doctor v. United States

District Court, M.D. Florida · Apr 26, 2024

Therefore, Doctor has not established that he can avoid the default under the cause-and-prejudice exception. Nor has Doctor established that he can overcome the default under the actual innocence exception. … Moreover, record evidence establishes the knowledge-of-status element of the offense.

Balaban v. Winters

District Court, M.D. Florida · Mar 15, 2024

Plaintiff’s position is at odds with the law of this Circuit, which holds that there is “no clearly established right . . . under the equal protection clause to be free from retaliation.” Ratliff v. … Therefore, even accepting all facts as true and construing them in the light most favorable to Plaintiff, the TAC does not state a section 1983 claim that the City violated a clearly established constitutional right under

Cox Enterprises, Inc. v. News-Journal Corp.

469 F. Supp. 2d 1094 · District Court, M.D. Florida · Jun 30, 2006

Under Julius and Herbert’s leadership, NJC established a tradition of supporting local cultural activities. … [i]n a proceeding by a shareholder or group of shareholders in a corporation having 35 or fewer shareholders if it is established that ...

Murray v. Carlton

District Court, M.D. Florida · Dec 27, 2022

Jenne, 326 F.3d 1352, 1360 (11th Cir. 2003) (“It is well established in this Circuit that supervisory officials are not liable . . . … Upon review, a court is required to dismiss a complaint (or any portion thereof) that is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief

Barnes v. Secretary, Department of Corrections, State of Florida

District Court, M.D. Florida · Jul 9, 2025

“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. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams, 529 U.S. at 412.

Smith v. Secretary, Department of Corrections (Hillsborough County)

District Court, M.D. Florida · May 3, 2024

App’x 366, 367 68 (11th Cir. 2009) (“[E]ven restricted access to a law library, lock-downs, and solitary confinement do not qualify as [extra]ordinary circumstances warranting equitable tolling.”). … Because the application is clearly time-barred, Smith is entitled to neither a COA nor leave to appeal in forma pauperis. A certificate of appealability is DENIED. Leave to appeal in forma pauperis 1s DENIED.

Mims v. Duval County School Board

329 F. Supp. 123 · District Court, M.D. Florida · Jun 23, 1971

Negro students are required to travel from * * * Jacksonville Beach and Atlantic Beach to the City of Jacksonville to attend a Negro school although white schools, which they otherwise qualify to attend, are maintained [in … Desegregation Center, in its July 31, 1968, report on the Duval County schools, recommended that East Jacksonville Elementary (#3) “should be abandoned as soon as possible.” 27 The Center concluded that the building was “clearly

In Re the Search of McCorkle

972 F. Supp. 1423 · District Court, M.D. Florida · Aug 1, 1997

The representation is clearly material and falls outside the realm of mere sales talk or puffing. It is a specific guarantee that the purchaser risks nothing by sending in his or her money. … Smith was the only person in the organization that “qualified” *1434 the deals. Mr.