Case law

Apothecary Development Corp. v. City of Marco Island Florida

995 F. Supp. 2d 1341 · District Court, M.D. Florida · Jan 22, 2014

, prevented patrons from entering the parking lot of the plaintiffs establishment, and stopped vehicles in route to the plaintiffs establishment by instructing them to turn the car around). … immunity on these claims.

Hughes

District Court, M.D. Florida · Jan 30, 2026

for a non-qualifying felony. … of clearly established federal law, and was not based on an unreasonable determination of the facts considering the evidence presented in the state court proceedings.

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

Cartagena v. Martino-Villanueva

District Court, M.D. Florida · Aug 4, 2022

But the federal government can choose to lower its sovereign- immunity shield by “unequivocally express[ing]” a waiver of sovereign immunity. United States v. King, 395 U.S. 1, 4 (1969). … Covington, 389 F.3d 1117, 1125 (10th Cir. 2004) (neither dealing with an immunity claim under FSHCAA, but rather dealing with an immunity claim under the Westfall Act, a separate statutory framework).

Johnson v. United Parcel Service, Inc.

206 F.R.D. 686 · District Court, M.D. Florida · May 8, 2002

fifth criterion of its own. 49 Applying those criteria to the documents at issue in the case, the court concluded that “reports produced for [the defendant’s] Diversity Council relating to the company’s work culture [were] clearly … that the “important issue of public policy” purportedly implicated by disclosing information in the context of employment discrimination (e.g., Banks) 59 does not rise to the level of the “overwhelming public interest” clearly

Pavao v. Hershone

District Court, M.D. Florida · Sep 1, 2021

“In order to receive qualified immunity, the public official must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.” Lee v. … Accordingly, Plaintiff has not met his burden in establishing that Defendant lacked probable cause or arguable probable cause to procure his arrest and Defendant is entitled to qualified immunity as to Count III of the

Fleischman v. Polk County, Florida

District Court, M.D. Florida · Jun 20, 2025

jurisdiction is clearly absent); Stump v. … As a result, federal courts generally dismiss cases involving divorce and alimony, child custody, visitation rights, establishment of paternity, child support, and enforcement of 1 401 U.S. 37 (1971) (holding that a

East Bay Ltd. Partnership v. American General Life & Accident Insurance

744 F. Supp. 1118 · District Court, M.D. Florida · Sep 7, 1990

STANDARD OF REVIEW 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 … sale of the shopping center to a qualified buyer.”

DeSimone v. Flagler County

District Court, M.D. Florida · Jul 17, 2023

Qualified Immunity Cole and Quintieri also argue they are entitled to summary judgment on DeSimone’s individual capacity claims against them because they are entitled to qualified immunity. … Because the Court finds that DeSimone is unable to establish an individual capacity Eighth Amendment supervisory liability claim against either Cole or Quintieri, it need not address their qualified immunity arguments

Caraccioli v. KFC Manufacturing Corp.

761 F. Supp. 119 · District Court, M.D. Florida · Apr 12, 1991

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 … One court has stated that a general partner of an employer/defendant might be immune from a products liability action, if the product in question was supplied in the capacity as general partner of the employer.

Pinckney v. Crosby

386 F. Supp. 2d 1231 · District Court, M.D. Florida · Sep 6, 2005

established federal law, did not involve an unreasonable application of clearly established federal law, and were not based on an unreasonable determination of the facts in light of the evidence presented in the state court … Petitioner is not entitled to relief on the basis of this claim because the state appellate court’s decision was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established

King v. Gandolfo

714 F. Supp. 1180 · District Court, M.D. Florida · Jun 6, 1989

The former enjoy neither an inherent incapacity for criminal activity nor an immunity from its consequences. Sedima, supra, at 498 , 105 S.Ct. at 3286 . … Nor can this Court agree that Plaintiff has failed to allege facts which would establish a pattern of racketeering activity.

Shultz

District Court, M.D. Florida · Mar 27, 2026

Apr. 8, 2025) (declining to address qualified immunity issue because the complaint was dismissed without prejudice as a shotgun complaint). … Vickers, 929 F.3d 1304, 1311 (11th Cir. 2019) (“Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the complaint fails to allege the violation of a clearly established

Silvera v. Orange County School Board

87 F. Supp. 2d 1265 · District Court, M.D. Florida · Jan 31, 2000

Regardless, Silvera clearly established a prima facie case, both in pretrial proceedings and in the evidence presented at trial. … Griffin , a case addressing the propriety of summary judgment, did not "hold” to this effect; the language was clearly dicta, was contained in a footnote, and was qualified by the court.

Sandlin v. Shapiro & Fishman

168 F.R.D. 662 · District Court, M.D. Florida · Sep 30, 1996

Sandlin qualifies as a member of the Count I class, because a demand was made upon him for unauthorized fees. … Therefore, this *668 Court cannot establish which members’ claims are typical of Plaintiffs’ claims.

Pryor

District Court, M.D. Florida · Jul 16, 2026

Robinson is entitled to qualified or absolute immunity as to Count I. If she wishes to amend Count I, Ms. … ‘[the Eleventh Circuit has] repeatedly ruled that the officer violates the Fourth Amendment and is denied qualified immunity.” Id.

Alvarez Perez v. Sanford-Orlando Kennel Club, Inc.

469 F. Supp. 2d 1086 · District Court, M.D. Florida · May 25, 2006

Were this definition dispositive of whether SOKC and CCC Racing qualify as seasonal establishments, analysis of the issue would prove no more complicated than this: under the Secretary of Labor’s definition, CCC Racing and … Defendants contend that Marshall “clearly supports” their position that CCC Racing and SOKC are distinct establishments. Doc. 35 at 6.

Hoffman v. Dalgado

District Court, M.D. Florida · Sep 21, 2023

Qualified Immunity Delgado also moves for qualified immunity. … Qualified immunity is a defense that “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Stalley v. ADS Alliance Data Systems, Inc.

296 F.R.D. 670 · District Court, M.D. Florida · Nov 25, 2013

Ascertainability “Before a district court may grant a motion for class certification, a plaintiff seeking to represent a proposed class must establish that the proposed class is adequately defined and clearly ascertainable … Buie 23(a) Analysis Even if the Court sets aside the problem of adequately defining and clearly ascertaining the proposed class, Little, 691 F.3d at 1304 , Stalley and Hallback must establish the propriety of class certification