Case law

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.

Saddlers v. City of Lakeland, Florida

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

Connor, 490 U.S. 386 (1989), and related caselaw; and (3) whether, as relevant to the issue of qualified immunity, Plaintiff satisfies her burden of showing that Defendants violated her clearly established rights based

Lott

District Court, M.D. Florida · Aug 25, 2026

Qualified Immunity Defendants raise qualified immunity almost as an afterthought. … Only then does the onus fall on the plaintiff to show “(1) the defendant violated a constitutional right, and (2) that constitutional right was “clearly established” at the time of the defendant's actions.”

Thornton v. Chronister

309 F. Supp. 3d 1196 · District Court, M.D. Florida · Apr 10, 2018

True, the Complaint does not clearly state which of C.T.'s constitutional rights were violated. Nor does the Complaint identify a specific policy or practice of Sheriff Chronister's. … The Defendant Deputies contend they are entitled to sovereign immunity for the negligence claims under Fla. Stat. § 768.28 (9)(a). (Doc. # 16 at 5-7).

Steven Butler v. Marion County Sheriff’s Office, et al.

District Court, M.D. Florida · Nov 6, 2025

. § 1983 and Challenge to Qualified Immunity (Doc. 11; Second Amended Complaint), filed March 24, 2025; 28 U.S.C. § 1915 (the in forma pauperis statute). … And in Count IX, he asserts a claim captioned “Challenge to Qualified Immunity as Unconstitutional in Application.” Id.

Hughes v. Amerada Hess Corp.

187 F.R.D. 682 · District Court, M.D. Florida · Jun 28, 1999

Regarding Defendant’s first contention, that Plaintiff cannot establish a prima facie case because she is not qualified, Plaintiff has established a prima facie case through the testimony in her affidavit. (Dkt. 38). … Plaintiffs Affidavit clearly establishes disputes as to material facts and precludes the granting of any Motion for Summary Judgment.

Bright v. City of Tampa

District Court, M.D. Florida · May 27, 2020

to qualified immunity” for Bright’s negligence claim. … And because the defendants appear to raise a qualified immunity defense to Bright’s Section 1983 Fourth Amendment claim,8 Bright must allege that the officers violated a clearly established right. Williams v.

Jones Jr. v. Davila

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

was clearly established at the time of the challenged action.” … Brown, 608 F.3d at 734 (“To receive qualified immunity, an officer need not have actual probable cause, but only ‘arguable’ probable cause.”) (citation omitted).

Smitherman v. Quaintance

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

“To receive qualified immunity, an officer need not have actual probable cause, but only ‘arguable’ probable cause. … Therefore, the issue of qualified immunity is premature at this stage. 2.

Ireland v. Prummell

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

The burden then shifts to the plaintiff to establish that a constitutional violation occurred and that the constitutional right alleged was clearly established at the time of the violation. Id. … circumstances in which this constitutional violation occurs is clearly established to be a violation of the Constitution.’”

Florida Power Corp. v. Granlund

82 F.R.D. 690 · District Court, M.D. Florida · Jun 7, 1979

of equity, mothered by the practical necessity of providing a procedural device so that mere numbers would not disable large groups of individuals united in interest, from enforcing their equitable rights nor grant them immunity … Clearly, settlements, especially in class actions, are to be encouraged. See Cotton v. Hinton, 559 F.2d 1326, 1331 (5th Cir. 1977).

Cooper v. OLD WILLIAMSBURG CANDLE CORP.

653 F. Supp. 2d 1220 · District Court, M.D. Florida · Aug 21, 2009

Although not clearly stated, the Court assumes that Cooper argues (1) that the candle’s defect became apparent not when Turner poured water on the candle but when Cooper was unable to blow the candle out and, in the alternative … , (2) that pouring water on a candle neither qualifies as an unintended use nor renders Cooper’s use of the candle abnormal.

Rock v. Sunbelt Cranes, Construction & Hauling, Inc.

678 F. Supp. 2d 1264 · District Court, M.D. Florida · Oct 26, 2009

Accordingly, the Defendant is unable to clearly establish that Mr. Rock was an executive pursuant to the FLSA exemptions. 2. … Therefore, the Defendant has clearly established that the Plaintiffs primary duties were directly related to the servicing or running of Sunbelt’s general business operations.

Pacific Employers Insurance v. Wausau Business Insurance

508 F. Supp. 2d 1167 · District Court, M.D. Florida · Jun 14, 2007

Plaintiffs further claim that the Rail-car Project qualifies as short-term because “at most” it lasted five (5) years. (Dkt. 80 at p. 10). … The established underwriter is magnificently qualified to understand and protect its own selfish interests.

Rodriguez v. Collier County

District Court, M.D. Florida · Aug 30, 2024

This discretion includes the ability to stay discovery if a movant establishes good cause and reasonableness. James v. JPMorgan Chase Bank, N.A., No. 8:15-CV-2424-T-23JSS, 2016 WL 520031, at *1 (M.D. Fla. … These facts present a Fourth Amendment claim no matter what defenses are offered, including qualified immunity. See Hadley v. Gutierrez, 526 F.3d 1324, 1333 (11th Cir. 2008).

Moody v. Williams

District Court, M.D. Florida · Dec 1, 2020

Second, Defendants assert that they are entitled to qualified immunity in their individual capacities. Id. … of qualified immunity.

Walker v. Bailey

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

As to the FDOC Defendants’ qualified immunity argument, because Walker asserts facts that, accepted as true, amount to an Eighth Amendment violation under clearly established law, Randall, Crow, Bailey, and Durborow … are not entitled to qualified immunity.

Stvartak v. Eastman Kodak Co.

945 F. Supp. 1532 · District Court, M.D. Florida · Nov 15, 1996

DeLuca’s assessment on February 29, 1992 and March 30, 1992 was “anxiety/depression/upper respiratory infection/Chronic Fatigue Immune Deficiency Syndrome [“CFIDS”].” DX12. Dr. … In Florence Nightingale, the Eleventh Circuit found that Blue Cross had not acted in bad faith because it clearly had an arguable basis for its decision. 41 F.3d at 1485.