Case law

Seaman v. Fleurjean

District Court, M.D. Florida · Jul 11, 2025

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … To receive qualified immunity, an official must first “establish that he or she acted within the scope of discretionary authority when the allegedly wrongful acts occurred.” Robinson v.

Corning v. Lodgenet Interactive Corp.

896 F. Supp. 2d 1138 · District Court, M.D. Florida · Sep 14, 2012

To establish a prima facie case of ADA discrimination, Corning must show that he: (1) is disabled; (2) is a qualified individual; and (3) was subjected to unlawful discrimination because of his disability. … [and] did not qualify as a disability.”); Campbell v. Prince George’s Cnty. Md., No. Civ. A. AW-99-870, 2001 WL 21257 , at *4 (D.Md.

Clewiston Commons LLC v. City of Clewiston

District Court, M.D. Florida · Mar 10, 2020

“Qualified immunity offers complete protection for government officials sued in their individual capacities [for violations of § 1983] if their conduct ‘does not violate clearly established statutory or constitutional … Defendants seeking qualified immunity must first establish that they were acting within the scope of their discretionary authority. McClish v. Nugent, 483 F.3d 1231, 1237 (11th Cir. 2007).

Armstead v. Pingree

629 F. Supp. 273 · District Court, M.D. Florida · Jan 29, 1986

In determining what is reasonable training, the Court must give deference to the judgment of qualified professionals. Id. at 322 , 102 S.Ct. at 2461 . … In those instances, state sovereign immunity concerns must yield to the need to promote the supremacy of federal law.

Zuniga v. City of Groveland

District Court, M.D. Florida · Aug 29, 2023

Furthermore, any sign leaning up against the building would clearly qualify as a sign. … “Qualified immunity offers complete protection for government officials sued in their individual capacities when acting within their discretionary authority if their conduct ‘does not violate clearly established statutory

Benline v. City of Deland

731 F. Supp. 464 · District Court, M.D. Florida · Apr 27, 1989

This is clearly the case concerning Plaintiffs’ claims under 42 U.S.C. § 1983 which could have been litigated in the second state court proceeding. See Migra v. Warren City School Dist. … Plaintiffs’ certificate of occupancy and building permit against the city and an order to the city to issue Plaintiffs their certificate of occupancy and building permit” and a declaratory judgment concerning "their rights, immunities

Tuten v. Zalva

District Court, M.D. Florida · Feb 11, 2020

violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Mann v. … Therefore, Defendant is entitled to qualified immunity on this claim. B.

Littell v. United States

191 F. Supp. 2d 1338 · District Court, M.D. Florida · Mar 11, 2002

To establish jurisdiction the Plaintiff must draft a complaint that is facially outside the exceptions of § 2680. Id. … “The overwhelming consensus of federal case law establishes that criminal law enforcement decisions — investigative and prosecutorial alike — are discretionary in nature and, therefore, by Congressional mandate, immune from

Samson v. Federal Express Corp.

874 F. Supp. 2d 1360 · District Court, M.D. Florida · Jun 29, 2012

. § 391.41 (b)(3) (“A person is physically qualified to drive a commercial motor vehicle if that person—(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control … To establish a prima facie case of disability discrimination under the ADA, a plaintiff must show that: (1) he is disabled; (2) he is a qualified individual; and (3) he was subjected to unlawful discrimination because of

Thomas v. Fort Myers Housing Authority

955 F. Supp. 1463 · District Court, M.D. Florida · Feb 21, 1997

STANDARD OF REVIEW This circuit clearly holds summary judgment is only entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed … The Defendant in the motion for summary judgment challenges the Plaintiffs ability to establish any of the elements of a prima facie case of discrimination.

McClinton v. McNeil

615 F. Supp. 2d 1310 · District Court, M.D. Florida · Sep 19, 2008

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 state court … Clearly established federal law, as established by the holdings of the United States Supreme Court, shows Petitioner is entitled to relief on this claim.

United States Equal Employment Opportunity Commission v. Mallinckrodt, Inc.

590 F. Supp. 2d 1371 · District Court, M.D. Florida · Dec 11, 2008

or less qualified for them. … To establish a prima facie case, the plaintiff in a failure to promote case must demonstrate only that (1) he or she belongs to a protected class; (2) he or she was qualified for and applied for a position the employer was

Lingelbach v. Smith

District Court, M.D. Florida · Mar 3, 2021

Regardless of whether Heck bars Plaintiff’s claim, the Court finds Defendant Smith is entitled to qualified immunity because Plaintiff fails to establish the violation of a clearly established constitutional … Additionally, even if, for argument’s sake, Defendant Smith violated federal law, he is entitled to qualified immunity because he did not violate clearly established federal law.

Fox v. Montoya

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

Negron asserts that he is entitled to qualified immunity because there is no authority clearly establishing that Negron’s conduct violated the Eighth Amendment. Negron Motion at 27-29. … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v.

Wright v. Manatee County

717 F. Supp. 1493 · District Court, M.D. Florida · Aug 7, 1989

The individuals named are clearly the policy makers for the county in this important area. … Plaintiff alleges that Manatee County established a grievance procedure for disappointed job applicants to contest their rejection of application for employment; that Plaintiff opted to utilize the established procedures

Gropp v. United Airlines, Inc.

817 F. Supp. 1558 · District Court, M.D. Florida · Apr 13, 1993

A “fleet-qualified pilot” is a pilot who is already qualified to fly aircraft in United’s fleet and can begin flying soon after being hired. … Only eight of the 43 were fleet-qualified pilots (id.).

Wilson v. City of St. Petersburg

District Court, M.D. Florida · Jan 29, 2021

Qualified Immunity Defense The individual Defendants argue that they are entitled to qualified immunity because Plaintiff has not shown a clear violation of an established … “Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly stablished statutory or constitutional rights of which

King v. Florida Department of Children and Families

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

As to the remaining individual Defendants, Plaintiff fails to plead sufficient facts to overcome qualified immunity. See, e.g., Nichols v. Maynard, 204 F. … Mar. 18, 2016) (addressing qualified immunity on § 1915 review).

Avant v. Bates

District Court, M.D. Florida · Sep 25, 2023

For the excessive-force claim, Defendant argues he is entitled to summary judgment on qualified-immunity grounds. … “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable

Gerber v. Longboat Harbour North Condominium

724 F. Supp. 884 · District Court, M.D. Florida · Nov 17, 1989

Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957) established the principle that a complaint should not be dismissed for failure to state a claim unless the plaintiff can prove no set of facts which would entitle him … This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed in the