Case law

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”).

Gaines v. Jones

District Court, M.D. Florida · Mar 17, 2021

Defendants Anderson and Rosier invoke qualified immunity, maintaining Plaintiffs cannot establish they were deliberately indifferent to Mr. Gaines’s serious medical needs. See Anderson Motion at 24. … An official sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or constitutional rights of which a reasonable person

Cone Corp. v. Florida Department of Transportation

744 F. Supp. 269 · District Court, M.D. Florida · Sep 7, 1990

The motion to dismiss asserts several reasons for dismissal of the complaint filed in this cause of action: 1) improper venue; 2) Eleventh Amendment immunity; 3) failure to state a claim upon which relief may be granted; … Clearly, the effect of the defendants' decisions is felt by the plaintiff in the Middle District of Florida, plaintiffs claim “arises” in the Middle District, and venue is proper in this district.

Allied Veterans of the World, Inc. v. Seminole County

783 F. Supp. 2d 1197 · District Court, M.D. Florida · May 6, 2011

The definitions are cumulative; every condition provided must be met for something to qualify as a “simulated gambling device.” … This is clearly contrary to the plain language of the Ordinance.

Meyer v. Fay Servicing, LLC

385 F. Supp. 3d 1235 · District Court, M.D. Florida · May 6, 2019

Under Florida law, absolute immunity attaches to "any act occurring during the course of a judicial proceeding, so long as the act has some relation to the proceeding." … Meyer that was clearly misleading on its face." (Doc. 1 at ¶¶ 39, 68).

In Re Accutane Products Liability

511 F. Supp. 2d 1288 · District Court, M.D. Florida · Jun 15, 2007

Fogel is qualified, is not at issue. … Those documents clearly acknowledge that Hoffmann-LaRoche and Roche Laboratories, hereafter Roche, refer to Inflammatory Bowel Disease as being causally related to the use of Accutane.

Yaeger v. Lowry

District Court, M.D. Florida · Sep 29, 2023

Qualified Immunity: “[Q]ualified immunity operates ‘to ensure that before they are subjected to suit, officers are on notice their conduct is unlawful.’” Hope v. … Additionally, qualified immunity protects officers who make good faith mistakes. Post v.

Pitts v. Doctor Yukna

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

immunity. … Failure to state a claim and qualified immunity Given the Court’s ruling that the amended complaint is an impermissible shotgun pleading that does not give Defendants adequate notice of

Harris v. McDonald's Corp.

901 F. Supp. 1552 · District Court, M.D. Florida · Apr 3, 1995

As an initial matter, the Court notes that 28 U.S.C. § 1331 alone is sufficient to establish jurisdiction over civil rights issues without invoking § 1343. 28 U.S.C. § 1331 is the more comprehensive in scope of the two jurisdictional … Since Defendant, a private corporation, neither performing a state function nor conspiring with the State, does not qualify as a person acting under color of state law, the Court agrees with Defendant that 42 U.S.C. § 1983

B.R.W Contracting, Inc. v. Hernando County, Florida

District Court, M.D. Florida · Jun 3, 2021

Counts I, II, III, and IV – Qualified Immunity In light of the Court’s dismissal without prejudice of the federal claims in Counts I- IV, the Court defers on ruling on whether the individual … defendants are entitled to qualified immunity at this time.

Alpha Home Health Solutions, LLC v. Sec'y of the U.S. Dep't of Health & Human Servs. & Adm'r for the Ctrs. for Medicare & Medicaid Servs.

340 F. Supp. 3d 1291 · District Court, M.D. Florida · Nov 27, 2018

"[A] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishe[s] the 'burden of persuasion' as to each of the four prerequisites." Siegel v. … "Mere loss of income ... does not establish irreparable injury ..." V.N.A. , 711 F.2d at 1030 .

Foley v. Orange County

District Court, M.D. Florida · May 12, 2023

The Ninth Judicial Circuit determined that the Employee Defendants and the Official Defendants were protected by qualified immunity and dismissed all claims against them with prejudice. (Docs. 34-11.) … On May 13, 2022, the Employee Defendants and Official Defendants moved to dismiss with prejudice on the grounds of res judicata and qualified immunity (Docs. 35, 36), and the Court granted their motions. (Doc. 70.)

United States v. Real Property, Including All Improvements Thereon & Appurtenances Thereto

118 F. Supp. 3d 1310 · District Court, M.D. Florida · Jul 13, 2015

The bank argued that, as a secured creditor of the account, it qualified as a bona fide purchaser for value under 21 U.S.C. § 853 (n)(6)(B). Id. … McCorkle , 321 ,F.3d at 1295 n. 4 (stating that a bona fide purchaser for value “means that the only assets that are potentially immunized from forfeiture are those for which valúe has been given.”

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.

Juravin v. Rada

District Court, M.D. Florida · May 30, 2025

Litig., 820 F.2d 352, 356 (11th Cir. 1987) (“‘Good cause’ is a well[-]established legal phrase. … Therefore, in making this determination, the Court must “take a preliminary peek at the merits of the motion to dismiss to see if it appears to be clearly meritorious and truly case dispositive.”

Hair v. Autonation USA Corporation

District Court, M.D. Florida · Jul 7, 2025

To establish a discrimination claim under Title VII, Plaintiff must demonstrate that he is “a qualified member of a protected class and was subjected to an adverse employment action in contrast with similarly … Therefore, in an amended complaint, Plaintiff must clearly allege the legal basis of the cause of action, whether a constitutional provision, treaty, statute, or common law.

Cramer v. Secretary, Department of Corrections

District Court, M.D. Florida · Oct 22, 2019

An official sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or constitutional rights of … violation was “clearly established” at the time of the alleged violation.

Thomas Sr. v. Hyler

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

“[The plaintiff] can prove that his arrest warrant was constitutionally infirm if he establishes either that the officer who applied for the warrant should have known that his application failed to establish probable cause … App’x at 874 (“A court need not grant leave to amend . . . if the plaintiff clearly indicates he does not want to amend his complaint[.]”).

Nichols v. Green

District Court, M.D. Florida · Oct 18, 2024

Similarly, court clerks “have absolute immunity from actions for damages arising from acts they are specifically required to do under court order or at a judge’s direction, and only qualified immunity from all other actions … Causation “may be established and supervisory liability imposed where the supervisor’s improper custom or policy results in deliberate indifference to constitutional

Westchester Gen. Hosp. v. DEPT. OF HEALTH, ETC.

464 F. Supp. 236 · District Court, M.D. Florida · Jan 22, 1979

The basic policy of Congress in enacting the statute was to establish a "`general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.'" … For information other than trade secrets to be included in Exemption 4, the statute establishes three essential criteria.