Case law

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.

Mastrangelo v. City of St. Petersburg

890 F. Supp. 1025 · District Court, M.D. Florida · Jun 28, 1995

Petersburg via its Nuisance Abatement Board (the *1027 “Board”) targeted Plaintiffs motel (the “Siesta Motel”) as an undesirable establishment and declared it a public nuisance pursuant to Florida Statute § 893.138 1 and … Defendants argue the complaint should be dismissed because the Defendants enjoyed absolute or qualified immunity.

Colon

District Court, M.D. Florida · Apr 1, 2026

U.S., 148 F.3d 1262, 1263 (11th Cir. 1998), but the Court is under no duty to rewrite the complaint to establish subject matter jurisdiction, avoid frivolousness, or state a claim upon which relief may be granted. … See e.g., Id. at 8 (section titled “Qualified Immunity Does Not Bar Plaintiff’s Claims”), at 9 (section titled “SS 1983 State- Created Danger/Increased Vulnerability Theory”).

Duffy v. Lowe's Home Centers, Inc.

414 F. Supp. 2d 1133 · District Court, M.D. Florida · Jan 31, 2006

A manager is able, however, if he is aware of a qualified internal candidate, to seek approval to add a position even if the store already employs the maximum number of employees (as established by the guidelines) for that … Clearly, these facts also raise the issue of whether Duffy can make a legitimate claim that the appliance Team Leader position was in fact "available.”

Cacciatore v. Liberty Life Assurance Co. of Boston

85 F. Supp. 2d 1282 · District Court, M.D. Florida · Feb 8, 2000

Discussion The issue in this case is whether the Plaintiffs insurance policy qualifies as an “employee benefit plan” as defined by the Employment Retirement Income Security *1284 Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , … It is clearly established that ERISA preempts any actions that relate to employee benefit plans. See 29 U.S.C. § 1001 (a); Pilot Life Insurance Co. v. Dedeaux, 481 U.S. 41 , 107 S.Ct. 1549 , 95 L.Ed.2d 39 (1987).

Lazaro v. United States Department of Agriculture

186 F. Supp. 2d 1203 · District Court, M.D. Florida · Aug 24, 2001

Second, even prior to obtaining injunctive relief, the disqualified entity may sustain damages that are plainly not compensable in the face of this immunity. … Thus, all that the second sentence of § (a)(18) does is establish clearly the Agency’s immunity from damages for improvidently imposed disqualifications. It speaks not at all about the availability of injunctive relief.

Sullivan Properties, Inc. v. City of Winter Springs

899 F. Supp. 587 · District Court, M.D. Florida · Sep 25, 1995

In this case, Sullivan initially declared it would drop its federal claims in order to remand the case to state court, at least in part because it recognized the merit of the individual defendants’ qualified immunity defenses … The Supreme Court has established that to establish standing a “plaintiff must have suffered an ‘injury in fact’ — -an invasion of a legally-protected interest which is (a) concrete and particularized, and (b) ‘actual or

In Re Grand Jury Investigation of Ven-Fuel

441 F. Supp. 1299 · District Court, M.D. Florida · Dec 1, 1977

There is a sense in which the powers and operations of the coequal, but interdependent, branches of the federal government are constitutionally established over theoretical fault lines. … The Court finds that it has jurisdiction in this matter under the recent amendment to 28 U.S.C. § 1331 , in that the United States Attorney is clearly an officer of the United States acting in his official capacity.

School Bd. of Manatee County, Fla. v. Lh

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

Cafe 207, Inc. v. St. Johns County

856 F. Supp. 641 · District Court, M.D. Florida · Jun 23, 1994

The definition of a “public place” includes business or commercial establishments such as restaurants, and the parties agree that the ordinance clearly covers the Plaintiffs Cafe Erotica. … the First Amendment, and are clearly distinguishable for that reason. 5 .

Zea v. City of Naples

District Court, M.D. Florida · Sep 5, 2023

“That means that if a defendant raises the affirmative defense of qualified immunity, the district court must dismiss any claims that do not allege a violation of clearly established law.” Id. … Qualified immunity “shields a government official from liability unless he violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” Id. (quoting Piazza v.

Reyher v. Equitable Life Assurance Society of United States

900 F. Supp. 428 · District Court, M.D. Florida · Oct 4, 1995

The Court’s Order Denying Leave to Amend clearly sets forth the analysis used in determining that the Motion for Leave to Amend was unduly delayed. … In addition, the non-moving party must go beyond the pleadings, pursuant to Rule 56(e), in establishing whether there are specific facts showing there is a genuine issue for trial.

Brown v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · May 15, 2023

application of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … application of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.

Williams v. HOUSING AUTHORITY OF SANFORD, FLA.

709 F. Supp. 1554 · District Court, M.D. Florida · Jun 28, 1988

the promotion of qualified employees. … In order to establish a prima facie case of promotion discrimination under McDonnell Douglas, plaintiff must show three elements: A plaintiff may establish a prima facie case of promotion discrimination by proving that he

Sheets v. Jimenez

District Court, M.D. Florida · Mar 13, 2025

The Officers argue that Plaintiff fails to state a viewpoint discrimination claim and that they are entitled to qualified immunity. (Doc. 31).4 The City argues Plaintiff fails to state a claim against it. … But since Plaintiff will be permitted one last opportunity to amend these claims, the Court does not reach the qualified immunity analysis. Plaintiff’s Monell claim against the City also falls short.

Reddon v. Calero

District Court, M.D. Florida · May 10, 2023

A litigant need not show he or she is “absolutely destitute” to qualify 2 for indigent status. Martinez, 364 F.3d at 1307. … Accordingly, where a district court determines from the face of the complaint that the factual allegations are clearly baseless, or the legal theories are without merit, the court may conclude a case has little or no chance

Loggerhead Turtle v. County Council of Volusia County

92 F. Supp. 2d 1296 · District Court, M.D. Florida · Mar 24, 2000

In so doing, the Secretary may procure the services of appropriate public and private agencies and institutions, and other qualified persons. Id. § 1533(f). … Questions of causation were clearly reserved for this Court to determine on remand.

Hawthorne v. United States

804 F. Supp. 314 · District Court, M.D. Florida · Oct 2, 1992

Where an ambiguity exists, however,. legislative intent can be established by reference to sources other than the language of the statute itself. … If it does include the right, then the person is immune from state prosecution, and also from federal since he has no prior “conviction” by definition.

Aristil v. HOUSING AUTHORITY OF CITY OF TAMPA

54 F. Supp. 2d 1289 · District Court, M.D. Florida · Jun 8, 1999

Federal Rule of Civil Procedure 12(f) entitled “Motion to Strike” plainly and clearly states that a motion to strike may be filed “upon motion by a party within 20 days after service of the pleading upon the party.” … The cites provided by Plaintiffs establish specific requirements for compliance with the USHA and the LPPPA.