Case law

Martinez v. SCHOOL BD. OF HILLSBOROUGH CTY., FLA.

692 F. Supp. 1293 · District Court, M.D. Florida · Aug 8, 1988

immune systems. … At the time a decision is made to exclude a child from school, a plan for periodic review should be established. d.

Douglas v. United States

796 F. Supp. 2d 1354 · District Court, M.D. Florida · Jun 22, 2011

Analysis The United States, as a sovereign, is immune from suit unless it chooses to waive its immunity. See United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980). … exception” to the FTCA’s waiver of immunity. 13 Nguyen, 556 F.3d at 1250-51; see also 28 U.S.C. § 2680 (a).

Leme v. Southern Baptist Hospital of Florida, Inc.

248 F. Supp. 3d 1319 · District Court, M.D. Florida · Mar 29, 2017

Instead, he need only establish that” (1) he was disabled; (2) he was a qualified individual; and (3) “an adverse employment action was taken against him.” Id. … Qualified Individual In order to establish the second element of an ADA discrimination claim, a “plaintiff bears the burden of proving that [he] is a ‘qualified individual with a disability’—that is, a person “who, with or

Thomas v. Beebe

District Court, M.D. Florida · Aug 8, 2024

(Dkt. 30) Defendant raises qualified immunity as a defense to Plaintiff’s claims, and contends the Complaint fails to state a claim against him under Fed. R. Civ. P. 12(b)(6). (Id.) … (citations omitted) (collecting cases and noting “not ‘every arrest lacking probable cause is made in bad faith’ and ‘Florida's waiver of sovereign immunity clearly contemplates that an agent can commit a wrongful

McKnight v. State of Florida

District Court, M.D. Florida · Mar 4, 2020

Thus, the Court need not analyze the second prong of the qualified immunity analysis at this stage of the proceeding. … However, they may assert qualified immunity again at summary judgment.

Westcott v. Thomas

819 F. Supp. 1056 · District Court, M.D. Florida · Apr 20, 1993

MacPapers, Inc., 961 F.2d 157, 160 (11th Cir.1992) that participants or beneficiaries under ERISA qualified plans must exhaust established administrative procedures for reviewing participants’ claims for benefits under the … Since Plaintiff has failed to establish any injury from Defendants’ alleged breach of fiduciary duties which he may recover in this action, this Court finds that Plaintiff has failed to establish an essential element of his

Connell v. Higginbotham

305 F. Supp. 445 · District Court, M.D. Florida · Oct 30, 1969

The statute quite literally establishes guilt by association alone, without any need to establish that an individual’s association poses the threat feared by the Government in proscribing it. … printed on the ballot as a qualified candidate”.

United States v. Gurney

393 F. Supp. 688 · District Court, M.D. Florida · Dec 31, 1974

The qualified wheel was filled by early March, 1973. … Many stated physical reasons or practical problems which clearly indicated an inability to be effective jurors.

Abusaid v. HILLSBOROUGH COUNTY BD.

637 F. Supp. 2d 1002 · District Court, M.D. Florida · Sep 6, 2007

Plaintiff qualified for and completed the Hillsborough County Jail's "house arrest" program. … immunity and Florida state law sovereign immunity.

Gaffney v. Rives

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

In addition, she cites caselaw on judicial immunity and qualified immunity before concluding, without citation to legal authority or to the Court’s order, that Defendants in this case exceeded their jurisdictional authority … And all her arguments regarding immunity clearly mirror the positions she took in her opposition to the motions to dismiss. See Doc. 42 ¶¶ 1, 47, 63; Doc. 46 ¶¶ 18–19, 32.

Pierson v. Orlando Regional Healthcare Systems, Inc.

619 F. Supp. 2d 1260 · District Court, M.D. Florida · Apr 28, 2009

The Court cannot conclude as a matter of law that, if established, Plaintiffs allegations do not rise to the requisite level of outrageousness. … Clearly, these allegations allege direct interference with relationships, whereas those in the Amended Complaint in the instant case do not. 34 .

Allison v. City of Live Oak

450 F. Supp. 200 · District Court, M.D. Florida · May 12, 1978

First, it has been clearly established that a municipality is not a “person” for purposes of 42 U.S.C. § 1983 . Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1967); Moor v. … A The plaintiff claims that the defendants conspired to deny him equal protection of the law or of equal privileges and immunities under the laws. 42 U.S.C. § 1985 (3).

Mack v. Lee Memorial Health System

District Court, M.D. Florida · Sep 24, 2025

Hilderbrand, 304 So. 3d 58, 60–61 & n.2 (Fla. 2d DCA 2020) (“There is no dispute that Lee Health qualifies for sovereign immunity as an independent special district of Florida.”) … Kaplan, 393 So. 3d 743, 744 (Fla. 4th DCA 2024) (holding that the legislature did not clearly and unequivocally waive sovereign immunity).

BANKSHOT BILLARDS, INC. v. City of Ocala

692 F. Supp. 2d 1343 · District Court, M.D. Florida · Feb 12, 2010

All portions of an establishment that claim to be exempt must qualify for the same exemption on the same business day. … the establishment shall not cause the establishment to fail to qualify for the exemption.”

Sheets v. Jimenez

District Court, M.D. Florida · Jun 20, 2025

The Officers argue that Plaintiff fails to state a viewpoint-discrimination claim and that they are entitled to qualified immunity. (Doc. 46). The City argues Plaintiff fails to state a claim against it. … But since Plaintiff fails to state a claim, the Court need not reach the qualified-immunity analysis. Next is Plaintiff’s Monell claim against the City.

Westchester General Hospital, Inc. v. Department of Health, Education & Welfare

464 F. Supp. 236 · District Court, M.D. Florida · Jan 22, 1979

The basic policy of Congress in enacting the statute was to establish a “ ‘general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.’ ” Department of Air Force … For information other than trade secrets to be included in Exemption 4, the statute establishes three essential criteria.

White

District Court, M.D. Florida · Jan 5, 2026

to qualified immunity; (4) White does not state a claim for declaratory relief; and (5) White’s request for punitive damages must be dismissed. … Under that standard, Payne is not entitled to a Rule 12(b)(6) dismissal or to qualified immunity on White’s conditions-of-confinement claim. B.

Anderson v. United States

245 F. Supp. 2d 1217 · District Court, M.D. Florida · Jun 3, 2002

‡ í{í H* H* $ When the language of a waiver of sovereign immunity clearly imposes a condition upon a plaintiffs right to sue the government, a court may not disregard that condition. … With respect to other waivers of sovereign immunity, Congress has indeed drafted narrower provisions.

Florida Municipal Power Agency v. Florida Power & Light Co.

81 F. Supp. 2d 1313 · District Court, M.D. Florida · Aug 18, 1999

FPL contended that this modification was clearly barred by the filed rate doctrine. Id. … The plaintiff, which was a qualified minority business as defined under the license, sought to provide services to the defendant. Id.

Maldonado v. Baker County Sheriff's Office

District Court, M.D. Florida · Mar 24, 2022

An official sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or constitutional rights of which a reasonable person would … Thus, to overcome qualified immunity, Plaintiff must show both that (1) Rhoden violated a constitutional right, and (2) this right was clearly established. See Holloman ex rel. Holloman v.