Case law

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-SDM-JSS, 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).

Friedson v. Shoar

District Court, M.D. Florida · Aug 18, 2020

For the federal claim, Wallace asserts he is entitled to qualified immunity because he had arguable probable cause to arrest Friedson. … Qualified immunity protects public officials from suit so long as their actions do not violate clearly established constitutional or statutory rights of which a reasonable person would have known. Harlow v.

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).

Musarra v. Vineyards Development Corp.

343 F. Supp. 2d 1116 · District Court, M.D. Florida · Nov 10, 2004

To establish a prima facie case of discrimination under the ADA, plaintiff must show that he: (1) is disabled, (2) was a qualified individual at the relevant time, and (3) was subjected to unlawful discrimination because … The undisputed material facts do not show a person who simply has credibility problems, but a situation where plaintiff deliberately and clearly claimed disability, asserted specific facts in support of the claimed disability

Perkins v. School Board of Pinellas County

902 F. Supp. 1503 · District Court, M.D. Florida · Mar 8, 1995

No. 69) of disparate treatment experienced by her and other qualified black teachers and administrative candidates. … qualified.

Rink v. Cheminova, Inc.

203 F.R.D. 648 · District Court, M.D. Florida · Oct 31, 2001

While the precise numbers of proposed class members need not be established, see Sandlin v. … Typicality is not clearly established in these circumstances. Here, the Defendants’ contention that Plaintiffs seek to prosecute an “immature tort” is most plausible.

Roberts v. Swearingen

358 F. Supp. 3d 1341 · District Court, M.D. Florida · Jan 7, 2019

Once subject matter jurisdiction has been questioned, a plaintiff is required to "clearly allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court's remedial … an injury-in-fact sufficient to establish standing.

Barron v. School Board

3 F. Supp. 3d 1323 · District Court, M.D. Florida · Feb 27, 2014

To establish a pri-ma facie case of employment discrimination under the ADA, a plaintiff must demonstrate “that (1) he has a disability, (2) he is a qualified individual, which is to say, able to perform the essential functions … Assuming arguendo that Barron can demonstrate that she is a person with a disability, she has not established that she is a qualified person.

School Board v. L.H. ex rel. D.H.

666 F. Supp. 2d 1285 · District Court, M.D. Florida · Sep 30, 2009

All these claims arise out of the same operative facts administratively presented; all clearly relate to the issue before the ALJ. … § 1983 In Count IV, the parents assert a claim pursuant to 42 U.S.C. § 1983 alleging “[t]he Board, acting under color of state law, subjected, or caused to be subjected, L.H. to the deprivation of rights, privileges, or immunities

OneSource Facility Services, Inc. v. Mosbach

508 F. Supp. 2d 1115 · District Court, M.D. Florida · Apr 5, 2007

Based on the financial data regarding Mosbach’s 2004 work performance and the formula in the MIC Summary Document, he was told he qualified for a 2004 MIC bonus in the range of $22,000. (Doc. No. 55-3, at 18.) … Although Mosbach admits he has no documents to substantiate his claim, he has clearly set forth enough facts to establish an oral offer and OneSource has presented no evidence to contradict his claim.

White v. School Bd. of Hillsborough County

636 F. Supp. 2d 1272 · District Court, M.D. Florida · Jul 11, 2007

Geoghegan, 702 So.2d 517, 522 (Fla. 2d DCA 1997) (applying public official immunity). … Plaintiffs claim is clearly labeled as one for "hostile work environment.”

Gilliam v. Fort Myers Police Department (Chief of Police)

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

Defendants invoke qualified immunity and have established that they were acting within the scope of their discretionary authority during the incident. (Doc. 43 at 12). … So Plaintiff bears the burden to show that Defendants are not entitled to qualified immunity. See Hill v. Cundiff, 797 F.3d 948, 978 (11th Cir. 2015).

Gassman v. United States

589 F. Supp. 1534 · District Court, M.D. Florida · Jun 27, 1984

The statute, by its terms, sets forth threshold standards for immunity from liability based on lack of informed consent. … Derbenwick was in some respect not qualified or competent to make a proper etiological evaluation of plaintiffs illness.

Securities & Exchange Commission v. Kramer

778 F. Supp. 2d 1320 · District Court, M.D. Florida · Apr 1, 2011

The proponent “must, however, establish that the witness cannot be found.” 2 McCormick on Evidence § 253 (6th ed.). … In Teleplus Enterprises, the parties disputed whether a consultant hired by an issuer qualified as a “finder” or as an unregistered broker.

Edwards

District Court, M.D. Florida · Dec 17, 2025

standing to bring a wrongful death claim; (4) Plaintiffs have incorrectly identified certain potential Defendants; (5) Plaintiffs have failed to overcome the Deputies’ qualified immunity … Immunity; Counts Two through Five should be dismissed because Plaintiffs have failed to establish standing to bring a wrongful death claim” and “because Plaintiffs

Payne v. Ryder System, Inc. Long Term Disability Plan

173 F.R.D. 537 · District Court, M.D. Florida · May 30, 1997

On April Plaintiff was qualified for short term disability benefits under the short term disability plan provided by Ryder, and received those benefits. … Plaintiffs motion is clearly untimely, and does not even attempt to demonstrate there is some “good cause” why the court should modify the scheduling order.

Johnston v. Carlson

District Court, M.D. Florida · Feb 23, 2024

An earlier order (Doc. 28) grants the motion because the earlier complaint constitutes a shotgun pleading and because the earlier complaint fails to allege facts that defeat the defend- ants’ qualified immunity. … Each defendant moves (Doc. 31) to dismiss the new complaint and argues that Deon fails to state a claim against any de- fendant and, in any event, that qualified immunity protects each defendant.

Terrell v. USAir, Inc.

955 F. Supp. 1448 · District Court, M.D. Florida · Feb 9, 1996

USAir contends that Plaintiff does not meet two elements required to state a claim because she cannot establish that she is a person with a disability; and she cannot establish that she is qualified to perform the essential … Plaintiff did not produce enough evidence to establish that she is a qualified person with a disability under the ADA.

Veliz v. Rental Service Corp. USA, Inc.

313 F. Supp. 2d 1317 · District Court, M.D. Florida · Dec 19, 2003

Ignacio's act of stepping or jumping from a roof of at a minimum of thirty-two (32) feet in the air to the forks of a forklift is clearly a danger that is open and obvious") (internal citations omitted). … are barred by workers’ compensation immunity.

Sanders Ex Rel. Wakefield v. Apfel

85 F. Supp. 2d 1275 · District Court, M.D. Florida · Dec 30, 1999

It is also clear that Timothy does not qualify under Section 2(b), because Sanders’ paternity has never been established by an adjudication. Quite to the contrary. … This clearly requires a biological relationship between the insured and the child.