Case law

Reyes v. Secretary, Department of Corrections

District Court, M.D. Florida · Jun 30, 2020

Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly established … As such, Petitioner is unable to establish the state court’s adjudication of the claim was contrary to clearly established federal law, involved an unreasonable application of clearly

Baysa v. Gualtieri

District Court, M.D. Florida · Oct 18, 2022

Deputy Redinger, as the sole remaining defendant, then appealed based upon a failure to grant his summary judgment motion on qualified immunity. … On July 27, 2022, the Eleventh Circuit affirmed the Court’s finding that Deputy Redinger had not established a qualified immunity defense on the excessive force arrest claim. Doc. 149; Baysa v.

US EX REL. BANE v. Breathe Easy Pulmonary Services, Inc.

597 F. Supp. 2d 1280 · District Court, M.D. Florida · Jan 23, 2009

They all allowed the physician to indicate by checking a box whether the purpose of the exam was to “pre-qualify,” “post-qualify,” or “re-qualify” the patient for oxygen therapy. (Id.) … These vague assertions are certainly not enough to establish the existence of a conspiracy.

Savales v. Waters

District Court, M.D. Florida · Mar 9, 2020

For the federal § 1983 claims against Cater, he asserts he is protected by qualified immunity because he did not violate a clearly established constitutional right. … right was clearly established. “Generally, an officer is entitled to rely on a victim’s criminal complaint as support for probable cause.” Rankin v.

Blake

District Court, M.D. Florida · Aug 17, 2026

“In order to receive qualified immunity, [a] public official must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.” Lee v. … established at the time of the alleged violation.”

Turk v. Crytzer

District Court, M.D. Florida · Jan 20, 2022

immunity. … As the Court explained, “[q]ualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established

Stempler v. Larimore (In Re Florida Airlines, Inc.)

110 B.R. 570 · District Court, M.D. Florida · Jan 30, 1990

Appellant, in his capacity as president of the debtor-in-possession, plays a central role in the administration of the debtor proceeding and thus qualifies as a “professional person” under the rule established in In the Matter … Clearly, prior court approval would have been necessary for Appellant’s claim for unpaid wages to have any merit. III.

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.

Carter v. Thompson

808 F. Supp. 1548 · District Court, M.D. Florida · Dec 16, 1992

Defendants contend that Plaintiff fails to state a claim for relief under section 1983; that they are entitled to qualified immunity and that the Eleventh' Amendment bars this suit against the state; that negligence is not … And, “[w]here the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented.” Id.

Parr v. Palm Garden of Winter Haven, LLC

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

Defendants have the burden of establishing subject matter jurisdiction. See Estate of Smith by and through Smith v. Bristol at Tampa Rehabilitation & Nursing Center, LLC, 2021 WL 100376, at *1 (M.D. Fla. … A “covered countermeasure” includes a qualified pandemic or epidemic product, drug, or device. 42 U.S.C. § 247d-6d(i)(1).

Martinez v. United States Sugar Corp.

880 F. Supp. 773 · District Court, M.D. Florida · Mar 16, 1995

The McDonnell Douglas line of cases established a four (4) part test framework for a Plaintiff to establish a prima facie case: 1) that he is a member of a protected class under Title VII; 2) that he was qualified for the … In this case, only a small data set (six individuals who received discipline) is offered by Plaintiff, a clearly incomplete data set.

Redner v. Citrus County, Fla.

710 F. Supp. 318 · District Court, M.D. Florida · Feb 13, 1989

Dean claims immunity from damages resulting from his role in plaintiffs’ arrests. … The second proposed class, non-Christians, might qualify from a legal standpoint, see, e.g., St. Agnes Hosp. v.

Aerosonic LLC v. Joby Aero, Inc.

District Court, M.D. Florida · Apr 2, 2026

Consequently, Aerosonic argues “[b]oth the document and the meeting (and any documents stemming from that meeting) are clearly privileged and/or work product.” (Doc. 212-1, p. 3). … In contrast, “opinion work product enjoys a near absolute immunity and can be discovered in only very rare and extraordinary circumstances.” Cox v. Adm’r U.S.

Head v. The City of Jacksonville

District Court, M.D. Florida · Sep 17, 2019

Summary of Arguments In the Motion, Defendants assert that they are entitled to qualified immunity. See Motion at 4-7. … The Eleventh Circuit has stated: An arrest made without arguable probable cause violates the arrestee's clearly established

Raske v. Dugger

819 F. Supp. 1046 · District Court, M.D. Florida · Apr 20, 1993

Defendants also claim that they are entitled to absolute immunity in their official capacities and qualified immunity from an award of damages. III. ANALYSIS. A. Standard for Summary Judgment. … Although this circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue of material fact when all the evidence is viewed in

Harris v. Cotte

District Court, M.D. Florida · Jan 28, 2025

‘objectively harmful enough to establish a constitutional violation.’” … By defaulting, Cotte waived the defense of qualified immunity. On the other hand, Eleventh Amendment immunity is jurisdictional, so the Court will address it.

Russo

District Court, M.D. Florida · Apr 28, 2026

Importantly, “[l]ike other forms of official immunity, judicial immunity is an immunity from suit, not just from ultimate assessment of damages.” See Mireles v. … Mar. 8, 2023) (per curiam) (“Clerks of the court have absolute immunity for a narrow range of acts ‘they are specifically required to do under court order or at a judge’s direction, and only qualified immunity for all other

Andrews v. CSX Transportation, Inc.

737 F. Supp. 2d 1342 · District Court, M.D. Florida · Aug 2, 2010

Clearly, CSXT’s “honest belief’ is applicable to the analysis of Hoerig’s retaliation claim. … Construing the evidence in favor of plaintiff, the Court will assume, without deciding, that Hoerig can establish a prima facie case; that is, that Hoerig exer *1355 cised her FMLA right by taking qualified leave two-thirds

Richards v. Calero

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

A litigant need not show he or she is “absolutely destitute” to qualify 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

Blessing v. Williams

District Court, M.D. Florida · Sep 13, 2022

James and Camacho argue that their actions fall within qualified immunity. (Doc. 102 at 11–24). … To establish qualified immunity, the government official first must show that “he was acting within the scope of his discretionary authority.” Estate of Cummings, 906 F.3d 934 at 940 (quotations omitted).