Case law

Abramson v. Walt Disney World Co.

370 F. Supp. 2d 1221 · District Court, M.D. Florida · May 27, 2005

As this district has recently noted, "It is well-established under Florida law that [s]ome conditions are simply so open and obvious, so common and so ordinarily innocuous, that they can be held as a matter of law to not … That would lead to the conclusion that the admission of such testimony was erroneous under Rule 702, but the error was clearly harmless.") Andrews v. Metro North Commuter R.

Johnson v. Florida Department of Juvenile Justice

District Court, M.D. Florida · Feb 27, 2025

To summarize it in pertinent part here, qualified immunity is meant to protect government officials from liability if their conduct does not violate a clearly established statutory or constitutional right. Maggio v. … The Defendants’ claims of qualified immunity are denied at this juncture. C.

Gaston v. City of Leesburg

District Court, M.D. Florida · Sep 12, 2025

City of Nahunta, Georgia, 846 F.3d 1320, 1328 (11th Cir. 2017) (“To be entitled to qualified immunity from a Fourth Amendment claim, an officer need not have actual probable cause, but only arguable probable cause—that … App'x 783, 786 (11th Cir. 2018) (“[T]he qualified immunity question hinges on whether Officers Sackrider and Wolff had arguable probable cause to detain and commit Mr.

Allen v. Ratigan

District Court, M.D. Florida · Oct 24, 2024

Allen believed the deposition qualified him for protective management, and he explained the situation to Brock. … These allegations are clearly enough to state an Eighth Amendment claim. C.

Pashoian v. GTE DIRECTORIES

208 F. Supp. 2d 1293 · District Court, M.D. Florida · Jun 24, 2002

(g) The women promoted were clearly more qualified. (h) He needed to promote John Ripley—we needed the money. Besides, we had to get all you men to stop crying over an all female management team. … Defendant argues that Plaintiffs negative employment history precludes him from establishing that he was qualified to be transferred or promoted.

Russell v. AT & T Technologies, Inc.

750 F. Supp. 1099 · District Court, M.D. Florida · Sep 7, 1990

STANDARD FOR SUMMARY JUDGMENT 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 … 477 U.S. 317 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986): In our view the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish

Hannah v. Armor Correctional Health Services, Inc.

District Court, M.D. Florida · Oct 16, 2020

Qualified Immunity or Good Faith Immunity Ogline also argues that she should be entitled to qualified immunity or “good faith” immunity. … In her Answer, Ogline only mentions qualified immunity. (Doc. 62).

Howard v. St. John's County Sheriff

District Court, M.D. Florida · Mar 4, 2022

The doctrine of “[q]ualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly established statutory or … immunity is not appropriate using the test established by the Supreme Court in Saucier v.

Dorsett v. Highlands Lake Center, LLC

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

that immunity, this Court or a state court.” … The examples that the Advisory Opinion then provides as qualifying for this immunity consist of non-use of countermeasures, as long as done through a “decision-making process.” Id.

In Re Grand Jury Subpoena to John Doe

475 F. Supp. 2d 1185 · District Court, M.D. Florida · Feb 8, 2006

The government posits that Supreme Court precedent clearly establishes that a handwriting exemplar provided by the target of a criminal investigation does not implicate the Fifth Amendment privilege against self-incrimination … The government believes precedent establishes that the Fourth Amendment affords no protection to petitioner.

Milleville v. United States

751 F. Supp. 976 · District Court, M.D. Florida · Nov 27, 1990

Discussion It is well established that the United States may not be sued without its consent. United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976). … Clearly, if he was not on active duty in the military, he would not have been in the same place at the same time with the same purpose. Shaw v.

Antoniou v. Thiokol Corp. Group Long Term Disability Plan

829 F. Supp. 1323 · District Court, M.D. Florida · Aug 6, 1993

477 U.S. 317 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986), In our view the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish … The district court held, applying the McDermott test, that Plaintiff did not qualify as a “seaman”.

Johnson v. Trowell

District Court, M.D. Florida · Jan 23, 2020

Qualified Immunity Defendant Stroma argues that she is entitled to qualified immunity because she was acting within her discretionary authority and Plaintiff fails to sufficiently … “The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates ‘clearly

Davis v. Hall

District Court, M.D. Florida · Jul 26, 2022

But Davis conflates the first and second parts of the qualified immunity analysis. … But as with the property-restriction claim, Davis’s search claim falls to qualified immunity because Davis does not show that Frost violated a clearly established right.

Land v. Sheriff Mike Williams

District Court, M.D. Florida · Jul 30, 2021

In the Motion, Defendant James requests that discovery be stayed pending resolution of his dispositive motion that asserts he is entitled to qualified immunity. … Forsyth, 472 U.S. 411, 526 (1985) (citation omitted) (stating that “unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading . . . immunity is entitled

Oakes Farms Food & Distribution Services, LLC v. The School District of Lee County, Florida

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

Qualified immunity offers complete protection for individual public officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiff’s allegations, if true, establish a constitutional violation.” Hope v. Pelzer, 536 U.S. 730, 736 (2002).

Haddad v. Arnold

784 F. Supp. 2d 1284 · District Court, M.D. Florida · Jul 9, 2010

Additionally, “[i]t is well established in this circuit that a preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion as to all four … Therefore, Plaintiff clearly established that she is at risk of irreparable injury if required to enter a nursing home. C.

Thomas Sr. v. Hyler

District Court, M.D. Florida · Aug 13, 2024

(Doc. 6 at 9–10) They summarily argue that Detective Hyler is entitled to qualified immunity because there was arguable probable cause to arrest the plaintiffs for drug possession. … In the context of a false arrest or false imprisonment claim, a law enforcement officer who makes an arrest without probable cause is nevertheless entitled to qualified immunity if there was “arguable probable cause” for

Parfitt v. Florida Gulf Coast University Board of Trustees

District Court, M.D. Florida · Apr 15, 2020

So the burden shifts for Parfitt to show qualified immunity is improper. Lewis v. City of W. Palm Beach, Fla., 561 F.3d 1288, 1291 (11th Cir. 2009). … “To defeat qualified immunity, ‘(1) the relevant facts must set forth a violation of a constitutional right, and (2) the defendant must have violated a constitutional right that was clearly established at the time of defendant

Carabetti

District Court, M.D. Florida · Feb 9, 2026

Defendants Carabetti & Weems’s Motion Defendants Carabetti and Weems invoke qualified immunity, arguing there is no evidence they violated Plaintiff’s clearly established constitutional rights … Plaintiff must satisfy both prongs to survive a qualified-immunity defense. Hinson v.