Case law

Woods v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Feb 20, 2024

Upon thorough review of the record, the Court finds that the state court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. … Upon thorough review of the record, the Court finds that the state court’s adjudication of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Zimmerman v. United States

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

Zimmerman has not established prejudice resulting from counsel’s allegedly deficient advice. … Next, Zimmerman affirmed that he was thinking clearly and exercising his best judgment at the beginning of the hearing. (Criminal Case Doc. 134 at 3-4).

Norfleet v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Nov 21, 2022

The Eleventh Circuit instructs: A state court’s decision is “contrary to” clearly established federal law if the state court either reaches … If the state court applied clearly established federal law to reasonably determined facts when 4 determining a claim on its merits, “a federal

Cherdak v. Cottone

District Court, M.D. Florida · Jul 14, 2023

The Court quoted Levin in its Order: “The litigation privilege provides ‘absolute immunity . . . … Clearly, Defendants had a reasonable factual basis to raise litigation privilege.

Spires v. Commissioner of Social Security

District Court, M.D. Florida · Sep 14, 2023

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. … A reviewing court will not disturb a clearly articulated finding regarding a claimant’s subjective complaints supported by substantial evidence in the record. Mitchell v. Comm’r, Soc. Sec.

McClendon v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Sep 25, 2020

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.

Crosby v. Centurion of Florida

District Court, M.D. Florida · Sep 20, 2022

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.” Denton v. … (quotation omitted).[4] An inmate-plaintiff bears the burden to establish both prongs. Goebert v.

Stinson v. Sec., Department of Corrections (Duval County)

District Court, M.D. Florida · Oct 16, 2023

established federal law, did not involve an unreasonable 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 … 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.

Henderson v. Mercer

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

To qualify for the § 1915(g) exception, a prisoner must allege specific facts that describe an “ongoing serious physical injury,” or “a pattern of misconduct evidencing the likelihood of imminent serious physical injury … Cross, 160 F.3d 962, 967 (3d Cir. 1998) (holding that a district court may “discredit[] factual claims of imminent danger that are ‘clearly baseless,’ i.e., allegations that are fantastic or delusional and rise

Ward v. Commissioner of Social Security

District Court, M.D. Florida · Aug 17, 2022

“The ALJ is required to consider the opinions of non-examining [S]tate agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social … McCarthy’s opinion, but a portion of it clearly conflicts with the ALJ’s RFC assessment. Merely reciting the opinion without explaining the rationale for rejecting a conflicting portion is insufficient.

West v. Secretary Department of Corrections (Duval County)

District Court, M.D. Florida · Mar 6, 2024

Accordingly, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law … Thus, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law, and was

United States Fire Insurance v. Mikes

576 F. Supp. 2d 1303 · District Court, M.D. Florida · Oct 16, 2007

Fire had no coverage responsibilities and the conduct of its coverage counsel in the litigation clearly suggested U.S. … Fire’s defense provision contains similar qualifying language.

Rodriguez v. Secretary, Department of Corrections

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

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.” … Rodriguez does not cite clearly established law, determined by the United States Supreme Court, that the state appellate court either ruled contrary to or unreasonably applied. , 538 U.S.

D'Orazio v. BB&T Bank

District Court, M.D. Florida · Mar 16, 2022

Further, “[o]nce a defendant contests the timeliness of the filing of the complaint, as here, the employee bears the burden of establishing that []he timely filed h[is] complaint.” Kemper v. … This period of time clearly extends beyond the statute’s 90- day window for filing an action in federal court.

Koepke v. Jacksonville Sheriff Department

District Court, M.D. Florida · Mar 6, 2020

free from ambiguity that we may conclude that the States, by receiving federal funds, have unequivocally expressed intent to waive their sovereign immunity … Plaintiff is seeking a large sum of money in compensatory damages, and he is clearly not seeking a trifling or token sum of money.

Dial v. Secretary, Department of Corrections (St. Johns County)

District Court, M.D. Florida · Aug 23, 2023

of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts … And Dial has failed to show that the adjudication of the claim was contrary to clearly established law, involved an unreasonable application of clearly established law, or resulted from an unreasonable determination of

Mahoney v. City of Bradenton, Bradenton Police Department

District Court, M.D. Florida · Mar 20, 2024

The City argues Plaintiff has not established that it violated Plaintiff’s First Amendment rights. … Plaintiff’s Affidavit clearly relays incidents of misfeasance, malfeasance, and/or gross mismanagement by Chief Bevan and others in command. (Dkt. 14-1 at 9-15).

Gawker Media, LLC v. Federal Bureau of Investigation

145 F. Supp. 3d 1100 · District Court, M.D. Florida · Nov 4, 2015

The government bears the burden to establish that the claimed exemptions apply to each document for which they are invoked. Am. Civil Liberties Union v. DOD, 628 F.3d 612, 619 (D.C.Cir.2011). … For purposes of FOIA Exemption 3, Rule 6 qualifies as a statute. Engberg v. U.S. Dep’t of Justice, No. 8:10-CV-1775-T-23MAP, 2011 WL 4502079 , at *3 (M.D.Fla.

Clark v. Florida Attorney General (Duval County)

District Court, M.D. Florida · Jul 19, 2021

If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established … 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.

Chalcraft v. Commissioner of Social Security

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

May 2020, the Plaintiff applied for DIB and SSI, alleging disability as of May 2019 due to dysautonomia, fibromyalgia, Sjögren’s syndrome,1 rheumatoid arthritis, and 1 Sjögren’s syndrome “‘is a disorder of [the] immune … It is well established that an ALJ may not arbitrarily substitute his own opinion for one offered by a medical professional. See Freeman v. Schweiker, 681 F.2d 727, 731 (11th Cir. 1982) (per curiam); Marbury v.