Case law

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).

Quintaurus L. Johnson v. Department of Juvenile Justice, Andrew Correa, Matthew Clark, Rosa Ardito, Paul Sheffer and Sean Skillern

District Court, M.D. Florida · Feb 19, 2026

The defense of qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Clearly Established Right To defeat a claim of qualified immunity, Plaintiff must establish both that there was a violation of his constitutional rights and that the right was “clearly

Murzike

District Court, M.D. Florida · Mar 19, 2026

Plaintiff must satisfy both prongs to survive a qualified-immunity defense. Hinson v. Bias, 927 F.3d 1103, 1116 (11th Cir. 2019). … immunity on these claims.

Turner v. The Bristol at Tampa Rehabilitation and Nursing Center, LLC

District Court, M.D. Florida · Sep 20, 2021

that immunity, this Court or a state court.” … The examples that the Advisory Opinion then provides as qualifying for this immunity consist of non-use of countermeasures, as long as done through a “decision-making process.” Id.

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.

Carter v. Prendergast

District Court, M.D. Florida · Apr 7, 2023

Defendants are thus entitled to qualified immunity from Carter's federal claims. See Grider v. … City of Auburn, 618 F.3d 1240, 1257 (11th Cir. 2010) (“To receive qualified immunity, an officer need not have actual probable cause, but only ‘arguable’ probable cause.”).

Turk v. Crytzer

District Court, M.D. Florida · Nov 24, 2021

The Court found that Plaintiff’s claims were barred by qualified immunity as Defendants had arguable probable cause to arrest Plaintiff for disorderly conduct and the force they used was reasonably necessary to restrain … He also argues that the Court did not view all facts and draw all reasonable inferences in the light most favorable to him and that Defendants are not entitled to qualified immunity. Id. ¶¶ 6-7.

Pugh v. Heinrich

695 F. Supp. 533 · District Court, M.D. Florida · Sep 12, 1988

Lesser qualified Caucasians were selected for detective training, while Plaintiff was overlooked. *537 7. … Plaintiff makes conclusory allegations in her depositions that she was qualified for the position of deputy sheriff; she has provided the Court with no evidence establishing what were the qualifications for that position.

Showers v. City of Bartow

978 F. Supp. 1464 · District Court, M.D. Florida · Sep 24, 1997

based on race because Plaintiff does not allege that the conduct complained of was: (1) engaged in under color of state law; and (2) that such conduct subjected the plaintiff to the deprivation of rights, privileges, and immunities … In order to establish a prima facie case of employment discrimination, the Plaintiff must show (1) that the plaintiff belongs to a racial minority; (2) that he applied and was qualified for the job for which the employer

O'Rear v. American Family Life Assurance Co. of Columbus, Inc.

784 F. Supp. 1561 · District Court, M.D. Florida · Feb 25, 1992

The agreements signed by Plaintiff clearly stated that he was an independent contractor and Plaintiff has set forth no representations which are at variance with that contract provision. … Plaintiff has alleged malice and ill will in making the publication and at this point the question of the qualified immunity has not been addressed by Defendants.

Kotas v. Waterman Broadcasting

927 F. Supp. 1547 · District Court, M.D. Florida · Jun 13, 1996

These comments are clearly not blatant remarks *1551 whose only intent was to discriminate against Plaintiff on the basis of his age. At the time, Mr. … Addressing the fourth prong, Plaintiff contends that at all times he was qualified for the engineer transmitter position.

Simmons v. Conseco Life Insurance

170 F. Supp. 2d 1215 · District Court, M.D. Florida · Apr 23, 2001

Aetna, Life & Casualty, 804 F.2d 148, 151 (D.C.Cir.1986), for examining responses to questions asked according to the knowledge and belief of the applicant: [T]he twin qualifiers [knowledge and belief] require[] that knowledge … Clearly, the defendant has established the materiality of the misrepresentations.

Blumel v. Mylander

919 F. Supp. 423 · District Court, M.D. Florida · Mar 12, 1996

In addition, CCA argues that it shares judicial immunity from Section 1983 liability because it was merely implementing a judge’s order. As support, CCA relies on United States ex rel. Bailey v. … Under Fla.Admin.Code Ann. r.33-8.004(l) (1995), CCA had a duty to “inquire and reasonably determine that established rules, *428 regulations and legal procedures” were met before admitting Blumel to its jail.

West v. Sabrina Schultz

District Court, M.D. Florida · Jan 28, 2021

Qualified Immunity The FDOC Defendants raise the defense of qualified immunity, which protects government officials from civil liability. Howard v. Memnon, 572 F. … Thus, Schultz and Spratt are not shielded by qualified immunity—at least not at this stage of the case.

Wright v. City of Tampa

998 F. Supp. 1398 · District Court, M.D. Florida · Mar 26, 1998

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 as to any material fact, when all the evidence is viewed in … The Court finds that Plaintiff has established that an independent federal basis exists for her § 1983 claims.

Perkins v. Bywater

District Court, M.D. Florida · Aug 19, 2024

He does not provide factual allegations that establish or suggest the traffic stop and his arrest were improper. See id. … Johnson sued the officer in federal court, who then sought dismissal of Johnson’s claims based on qualified immunity. Id. at 1118–19. The district court found that the deputy was not entitled to qualify immunity.

Frishberg v. University of South Florida Board of Trustees

District Court, M.D. Florida · Apr 11, 2024

Corp., 208 F.3d 1308, 1311 (11th Cir. 2000) (private corporation that is neither controlled nor funded by state may be protected by immunity when clearly acting as agent of state). … To try to save his suit, Plaintiff argues that Ex parte Young establishes an exception to a state’s Eleventh Amendment immunity.

Abboud v. Hardwick

District Court, M.D. Florida · Aug 14, 2024

Count IV claims malicious prosecution under 18 U.S.C. §§ 241–242 for reckless indifference to Plaintiff’s “clearly established constitutional rights against the State of Florida, St. … Count V claims reckless indifference to Plaintiff’s clearly established constitutional rights against the State of Florida, St Johns County Government and its Board. (Doc. 18 at 18.)

Woodman v. United States

764 F. Supp. 1467 · District Court, M.D. Florida · May 21, 1991

Therefore, the Court need only determine whether the plaintiffs’ other expenditures qualify as CERCLA response costs. A. … In addition, Congress intended that [§ 9659] establish private attorneys general to supplement administrative action and aid in attacking CERCLA violators.

MORTON PLANT HOSPITAL ASSOCIATION, INC. v. Sebelius

747 F. Supp. 2d 1349 · District Court, M.D. Florida · Oct 6, 2010

The Secretary’s Interpretation of the Regulations is neither Clearly Erroneous nor is it Inconsistent with the Regulations As explained in the oft-cited case of Chevron, U.S.A., Inc. v. … Specifically, the Court finds that the Secretary’s interpretation of her regulations is consistent with the Medicare statutes and regulations and is not clearly erroneous.