Case law

Bishins v. United States Secretary of Health and Human Services

District Court, M.D. Florida · Dec 20, 2023

immunity and the exclusivity of the remedial scheme provided by Congress in the Medicare statute. … See Abassi, 582 US. at 150-151 (“Government officials are entitled to qualified immunity with respect to ‘discretionary functions’ performed in their official capacities.”); see also Marsaw v. Thompson, 133 F.

Williams v. Secretary, U.S. Department of Homeland Security

925 F. Supp. 2d 1296 · District Court, M.D. Florida · Feb 27, 2013

The Court reviews an agency’s construction of a statute which it administers with the established principle of deference. Chevron, U.S.A., Inc. v. Natural Res. Def. … Gonzales, 444 F.3d 1031 (9th Cir.2006), finds that this subsection establishes the right to self-petition to a select group of alien widows as an alternative to their spouse’s 1-130 filing. 444 F.3d at 1042, n. 17 . .

Dorminy v. DiGiovanni

District Court, M.D. Florida · Apr 10, 2025

However, a lack of actual probable cause, standing alone, is insufficient to establish a cognizable section 1983 claim for false arrest. … This is so because to be entitled to qualified immunity (and dismissal of the claims against him), “an officer need not have actual probable cause, but only arguable probable cause” for the arrest.

Matter of Trinity Industries, Inc.

674 F. Supp. 337 · District Court, M.D. Florida · Nov 18, 1987

Trinity’s good faith, standing alone, does not immunize its conduct. Burlington Northern, 781 F.2d at 683 ; Hackney, 769 F.2d at 654 ; Enterprise Foundry, 751 F.2d at 38 . … The procedural posture does not excuse or immunize Trinity’s conduct, but it does weigh in Trinity’s favor given the temporal success Trinity enjoyed in the proceeding.

Kaplan v. Kaplan

903 F. Supp. 2d 1304 · District Court, M.D. Florida · Oct 30, 2012

In other words, “the price of immunity is disclosure.” … Alexander implicitly argues among other points that a previous order established the “law of the case.”

Binns v. Primary Group, Inc.

23 F. Supp. 2d 1363 · District Court, M.D. Florida · Jul 16, 1998

The defendant paid her wages and benefits, assigned her job duties, and established the terms and conditions of her employment. Id. … Defendant’s responsibilities clearly establish its role as an “employer” in this case.

Sheets

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

To meet this exception, a plaintiff 6 Defendants devote significant space in their motion to the defense of qualified immunity. … clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists under the equal protection clause to be free from retaliation.”); see also Louissaint v.

Seniors Civil Liberties Ass'n, Inc. v. Kemp

761 F. Supp. 1528 · District Court, M.D. Florida · Apr 1, 1991

There are, however, certain provisions that clearly express that they are to be applied prospectively. … Plaintiffs has not established that their property values will be diminished as a result of the Act.

Pastures

District Court, M.D. Florida · Feb 10, 2026

To that end, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law, and was … And, thus, the Court finds that the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established federal law, and was

Lotts

District Court, M.D. Florida · Aug 11, 2026

“To establish a procedural due process claim, a plaintiff must first show the deprivation of a liberty or property interest protected by the Due Process Clause.” Cypress Ins. Co. v. … Because the Court concludes that the complaint fails to state a plausible claim for relief, it need not address Defendants’ remaining arguments for dismissal, including their assertions regarding qualified immunity, Eleventh

Kubisiak v. Gualtieri

District Court, M.D. Florida · Dec 1, 2022

Defendants contend that Plaintiff’s § 1983 claim must fail because Deputy Mowatt is entitled to qualified immunity. Dkt. 9 at 19−20. … Mowatt may choose to reassert his qualified immunity claim at summary judgment, Defendants’ present Motion to Dismiss is denied as to Count III. II.

Association for Disabled Americans v. City of Orlando

153 F. Supp. 2d 1310 · District Court, M.D. Florida · Jul 30, 2001

This fact does not, however, immunize the City from suit under Title II of the ADA. … In order to establish a prima facie case, Plaintiffs must show: (1) that they are qualified individuals with disabilities; (2) that they were either excluded from participation in or denied the benefits of a public entity

Butler v. Marion County Sheriff's Office

District Court, M.D. Florida · Mar 14, 2025

declaratory judgment finding that Defendants’ conduct violated Plaintiff’s constitutional rights; injunctive relief expunging his record; a $250,000 donation to the Institute for Justice and ACLU; and a modification of the qualified … Ray, 386 U.S. 547, 553-554 (1967) (noting that “[f]ew doctrines are more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction”).

Dunn v. the Florida Bar

726 F. Supp. 1261 · District Court, M.D. Florida · Aug 30, 1988

Because of the defendant’s official immunity he received no damages award. No injunction or declaratory judgment was entered in his favor. … was qualified local counsel available to litigate plaintiffs’ claim.

Serrano-Colon

District Court, M.D. Florida · Aug 11, 2026

Serrano-Colon chooses to amend, he must clearly identify the defendants he intends to sue and the claims he seeks to assert against them. … “Congress has not abrogated Eleventh Amendment immunity in § 1983 cases, and the State of Florida has not waived sovereign immunity or consented to suit with respect to such actions.” Driessen v.

United States v. May

211 B.R. 991 · District Court, M.D. Florida · Aug 21, 1997

The district court is bound by the findings of fact made by the bankruptcy court unless it determines them clearly erroneous. … If such a conclusion were reached, the appellees would not qualify for Chapter 13 protection under § 109(e) and the bankruptcy court’s denial of their motion to dismiss should be reversed.

In Re the Complaint of Everglades Island Boat Tours, LLC

484 F. Supp. 2d 1259 · District Court, M.D. Florida · Apr 23, 2007

In this case, the map clearly reflect navigable waters surrounded by the Everglades and wetlands but with navigable waters. B. … Airboat as a “Vessel”: Claimants argue that an airboat does not qualify as a vessel under 46 U.S.C.App. § 183.

Friedmann

District Court, M.D. Florida · May 15, 2026

pauperis, the Court is obligated to review the complaint to determine whether it is frivolous, malicious, “fails to state a claim upon which relief may be granted,” or “seeks monetary relief against a defendant who is immune … However, the Supreme Court has cautioned that a case should only be dismissed as frivolous if it relies on meritless legal theories or facts that are clearly baseless. See id. at 327.

Cooper, Jr. v. Florida Department of Corrections

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

alleges the violation of a clearly established constitutional right under the Eighth Amendment (e.g., deliberate indifference). Pl. … immunity.

Faile v. City of Leesburg, FL

District Court, M.D. Florida · Mar 31, 2023

It has long been clearly established that an arrest without probable caus violates the Fourth Amendment right to be free from unreasonable seizures See, e.g., Kingsland v. … Anc “falsifying facts to establish probable cause is patently unconstitutional.” Id Although arguable probable cause is sufficient for qualified immunity to attach Brown v.