Case law

Johnston v. Carlson

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

The deputies move (Doc. 14) to dismiss the complaint as a shotgun pleading and for failure to allege facts overcoming each deputy’s qualified immunity. … conduct violates no clearly established statutory or constitutional rights of which a reasonable person 2 Under the Fourteenth Amendment, the Fourth Amendment applies to state actors.

Hillemann v. University of Central Florida

411 F. Supp. 2d 1354 · District Court, M.D. Florida · Sep 15, 2004

Hillemann repeatedly asserts that he was by far the most qualified candidate for the Marketing Positions. … He points to his qualifications as evidence that UCF must have discriminated against him when it hired allegedly less-qualified candidates.

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1467 · District Court, M.D. Florida · Jul 19, 1993

It clearly does not establish as a matter of law that he had the further awareness that the AIDS virus could be transmitted by Factor VIII concentrate. … In affirming the district court’s judgment that defendant manufacturer was liable, the Eleventh Circuit recognized that a cause-effect relationship need not be clearly established by animal or epidemiological studies before

US Fidelity & Guar. v. LIBERTY SURPLUS INS.

630 F. Supp. 2d 1332 · District Court, M.D. Florida · Oct 12, 2007

It is Liberty's burden to establish that the applicability of any privilege. … The Court, therefore, finds that because Liberty has failed to sustain its burden of establishing privilege, the Engle Martin report is discoverable. B.

United States v. Smith

725 F. Supp. 2d 1336 · District Court, M.D. Florida · Jul 19, 2010

The Presentence Report, and the government, contend that defendant qualifies as an armed career criminal under Section 924(e)(1). … The government asserts that this Felony Battery conviction qualifies under both Sections 924(e)(2)(B)© and (ii), while defendant argues that it qualifies under neither provision. A.

United States v. Sterba

22 F. Supp. 2d 1333 · District Court, M.D. Florida · Aug 13, 1998

Sterba now seeks dismissal of the indictment based upon his fifth amendment immunity from being “for the same offence ... twice put in jeopardy ... ”, a right commonly called his immunity from “double jeopardy.” … In pertinent part, the stipulation establishes the following facts: Trial began on May 18, 1998. Mr.

Sharp v. City of Palatka

529 F. Supp. 2d 1354 · District Court, M.D. Florida · Dec 20, 2007

The Burleson court found that the plaintiff in that case failed to establish that merely seeking political office qualifies for First Amendment protection. … “The announcement of [plaintiffs] candidacy, standing alone (i.e. with no evidence of partisanship or opposition to [plaintiffs] *1364 candidacy or his platform), does not present a clearly established constitutional right

Hernandez v. Prudential Insurance Co. of America

977 F. Supp. 1160 · District Court, M.D. Florida · Sep 23, 1997

AIDS is a devastating, communicable, fatal disease that attacks and destroys the body’s immune system. … display no outward manifestations of disease because the HIV virus impairs multiple body systems, including the heroic, lymphatic and reproductive systems, and by its biological effects and the fear it inspires in others, clearly

Kitchings v. Florida United Methodist Children's Home, Inc.

393 F. Supp. 2d 1282 · District Court, M.D. Florida · May 18, 2005

The Defendant asserts that it is entitled to summary judgment for the following reasons: (1) it is entitled to absolute immunity under 29 U.S.C. § 259 (a) because it relied in good faith on a Department of Labor opinion regarding … Thereafter, summary judgment is mandated against the non-moving party who fails to make a showing sufficient to establish a genuine issue of fact for trial.

Punathil v. Heinauer

876 F. Supp. 2d 1294 · District Court, M.D. Florida · Jun 27, 2012

degree or foreign equivalent degree and has failed to establish it had the ability to pay as of December 29, 2003, and continuing until February 2008.” … It is undisputed that the approval of Plaintiffs Form 1-140 petition was revoked pursuant to 8 U.S.C. § 1155 , which clearly falls within the applicable “sub-chapter.”

King

District Court, M.D. Florida · Nov 4, 2025

iteration of the complaint based on qualified immunity and failure to state a claim (Docs. 64, 67). King has responded in opposition (Doc. 81). … Qualified Immunity Defendants Brett, Ward, Armato, and Olivio separately argue that the Constitutional claims against them should be dismissed on qualified immunity grounds

Drayton v. City of St. Petersburg

477 F. Supp. 846 · District Court, M.D. Florida · Sep 6, 1979

In fact the evidence clearly shows that the City has pursued an affirmative action program as an equal opportunity employer, actively soliciting black applicants for employment. … The “standard deviation” is the square root of the product of the total number in the sample (the employee group under review) times the probability of selecting a qualified black person (the ratio of qualified blacks in

Santiago v. Waldron

District Court, M.D. Florida · Jun 10, 2024

Defendants also argue that Johnson is entitled to qualified immunity. Id. at 7-10. … a clearly established constitutional right.

Equal Emp't Opportunity Comm'n v. STME, LLC

309 F. Supp. 3d 1207 · District Court, M.D. Florida · Feb 15, 2018

disability of an individual with whom the qualified individual is known to have a relationship or association." 42 U.S.C. § 12112 (b)(4). … Further, the Eleventh Circuit has held that to establish a prima facie case for association discrimination under the ADA, a plaintiff must establish (1) that she was subjected to an adverse employment action; (2) that she

Gary v. Fort Myers Police Department

District Court, M.D. Florida · Oct 4, 2021

Qualified Immunity Finally, Defendant argues that his actions during the July 31, 2015 search are otherwise protected by qualified immunity.11 (Doc. #51 … “To invoke qualified immunity, a public official must first establish that he was acting within the scope of his discretionary authority when the challenged action occurred.” Sosa v.

Farmer v. Crews

804 F. Supp. 1516 · District Court, M.D. Florida · Nov 9, 1992

The Court also ordered Plaintiff to file a response to Defendant’s memorandum. *1518 STANDARD FOR SUMMARY JUDGMENT This circuit clearly holds that summary judgment should only be entered when the moving party has sustained … Rodgers, 912 F.2d 1338 (11th Cir.1990) held that Florida Sheriffs are not protected by the Eleventh Amendment immunity.

Sibley v. City of Lakeland

District Court, M.D. Florida · Apr 8, 2025

Thus, the Court would have to speculate about what actions Defendant Riggall allegedly took in order to address Defendant Riggall’s assertion of qualified immunity. … Jan. 14, 2022) (“Yet the Court cannot decide [the qualified immunity issue] given the Third Amended Complaint’s shotgun nature.

Roca-Moreno v. Jones

District Court, M.D. Florida · May 10, 2021

Qualified Immunity Defendants Crawford, Moore, Berg, Geiger, and Mohs invoke qualified immunity, arguing they were performing discretionary functions and did not violate a clearly established … immunity for [their] discretionary actions unless [they] violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Santiago v. Florida Department of Corrections

District Court, M.D. Florida · Mar 29, 2024

Indeed, that is the exact opposite of how qualified immunity works. See Reichle v. … Howards, 566 U.S. 658, 664 (2012) (emphasis added) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established

Dickerson, Inc. v. Holloway

685 F. Supp. 1555 · District Court, M.D. Florida · Apr 27, 1987

Clearly, the decision to select AEC was infused with planning and policy considerations. The decision did not involve the sort of day-to-day operations not covered by sovereign immunity. See Andrews, supra at 1542 . … elevated to the dignity of an established fact because of the presence of no reasonable inference to the contrary.