Case law

Dyal v. Jeffcoat

District Court, M.D. Florida · Mar 23, 2020

“Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly established statutory or constitutional rights of which … To overcome qualified immunity, Plaintiff must show both that: (1) the defendants violated a constitutional right, and (2) this right was clearly established.

DeSantis v. United Technologies Corp.

15 F. Supp. 2d 1285 · District Court, M.D. Florida · May 21, 1998

(A) the allegation of poverty is untrue; or (B) the action or appeal— (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Application to DeSantis’ Motion to Proceed In Forma Pauperis on Appeal DeSantis qualifies financially to proceed in forma pauperis.

Todd v. United States

384 F. Supp. 1284 · District Court, M.D. Florida · Jan 13, 1975

On the date of the accident George Todd was a duly qualified and licensed pilot holding a valid FAA Commercial Pilot’s Certificate with a multi-engine instrument rating. … At 9:20 Todd passed from the area served by the Jacksonville Air Traffic Control Center to the Atlanta Center, and he established radio contact with that facility.

Fgdi, Inc. v. Bombardier Capital Rail Inc.

383 F. Supp. 2d 1350 · District Court, M.D. Florida · May 11, 2005

Although the written terms are clearly stated in both the original “Governing Law” paragraph and the amended paragraph, what is clearly ambiguous is whether the new paragraph was intended to supplant the original one. … By contrast, the paragraph entitled "Governing Law and Venue” appears to be a complete revision, not limited by substitution of certain sentences, as there is no qualifying language to indicate specific sentence substitutions

Johnson v. DeSoto County School Board

995 F. Supp. 1440 · District Court, M.D. Florida · Feb 26, 1998

It was apparently needed because the leaders felt that there was no way to be sure that the state’s disfranchising devices were immune to federal intervention. In Dr. … attempted to limit Black influence in elections which was clearly motivated by discriminatory purpose.

Green v. Abony Bail Bond

316 F. Supp. 2d 1254 · District Court, M.D. Florida · Mar 30, 2004

Nor have the Plaintiffs established that the Defendants were performing a public function that was traditionally within the exclusive prerogative of this State. See id. … The fact that the State of Florida qualifies, licenses, and appoints its bail bondsmen is unavailing.

Facen v. Battles

District Court, M.D. Florida · Apr 6, 2023

While a litigant need not show that she is “absolutely destitute” to qualify for pauper status under Section 1915, a litigant does need to show an inability “to pay for the court fees and costs, and to support and provide … by judicial officers and (3) the judge’s conduct did not fall clearly outside his subject matter jurisdiction.”

Seaboard Coast Line Railroad v. National Railroad Passenger Corp.

489 F. Supp. 916 · District Court, M.D. Florida · May 14, 1980

The Court noted the established doctrine that a common carrier could not contract for immunity from liability for its negligence, but held the rule had no application when a railroad was acting outside the performance of … This result clearly was not contemplated by the Amtrak Act and is not required by the Interstate Commerce Act.

United States v. Gonzalez De Arias

510 F. Supp. 2d 969 · District Court, M.D. Florida · Jun 4, 2007

Given the deference due a magistrate’s issuance of a warrant, a risk/reward analysis clearly supports a policy of searching first, and *980 obtaining a warrant later. … And, if the warrant is not obtained, the officers are likely immune from suit for violating the homeowner’s constitutional rights, because Murray makes their conduct objectively reasonable.

Menard v. Florida Attorney General (Collier County)

District Court, M.D. Florida · May 20, 2020

“Clearly established federal law” consists of the governing legal principles in the decisions of the United States Supreme Court when the state court issued its decision. … Menard has not demonstrated that the state court’s rejection of this ground was contrary to clearly established federal law nor based upon an unreasonable determination of the facts.

Cokley v. Dixon

District Court, M.D. Florida · Oct 24, 2024

Eleventh Amendment Immunity The defendants argue Eleventh Amendment immunity bars Allen from suing them in their official capacities. … Congress has not abrogated Florida’s immunity and Florida has not waived its Eleventh Amendment immunity. See Carr v. City of Florence, 916 F.2d 1521, 1525 (11th Cir. 1990).

Perkie v. Group Technologies, Inc.

845 F. Supp. 852 · District Court, M.D. Florida · Feb 28, 1994

First, Plaintiff must establish a prima facie case of discrimination by showing: ■ 1) that he is within a protected class covered by the statute; 2) that he was qualified for the job; and 3) that he has evidence, either direct … Thus, if Plaintiff received the benefits to which he is entitled, but failed to inquire as to additional benefits he thought he could get, he clearly did not exhaust his administrative remedies as required. Byrd v.

Miller v. Carson

524 F. Supp. 1174 · District Court, M.D. Florida · Oct 28, 1981

It is difficult to imagine a word that would more clearly convey the intent of the committing judge. … Article X, Section 13 of the Florida Constitution incorporates the common law doctrine of sovereign immunity, authorizing the state to waive immunity by general law if it so desires.

Times Publishing Co. v. United States Department of Commerce

104 F. Supp. 2d 1361 · District Court, M.D. Florida · Jun 28, 2000

Standard of Review The Freedom of Information Act represents a general philosophy of full disclosure of government information unless that information is exempted under clearly delineated statutory language. See U.S. … In addition, the executive order on which the Department relies in this case, specifically qualified the continuation of EAA with the words “to the extent permitted by law.”

United States v. Jakeway

783 F. Supp. 590 · District Court, M.D. Florida · Jan 14, 1992

Moreover, the evidence is insufficient to establish fraudulent intent. … Had Wilfred chosen to use the funds from a bank in Florida, which it clearly could have done, there would have been no wire transfer. *600 This court fails to see how the wire transfers in this case furthered any alleged

Capsalis v. Worch

902 F. Supp. 227 · District Court, M.D. Florida · Apr 14, 1995

In an attempt to determine what is necessary to defeat the presumption of independence of the Sheriff clearly established by the Florida Legislature in Florida Statute § 30.53, the Court reviews the decision of the 5th District … In fact, it does not appear to establish anything but a mechanism to respond to grievances about disciplinary actions.

Chao v. First Class Coach Co., Inc.

214 F. Supp. 2d 1263 · District Court, M.D. Florida · Oct 1, 2001

Clearly, the “I-Ride” routes are more local in nature than the other First Class routes. … These files show that drivers are qualified under MCSRs.

Harris v. Pinellas County, Florida

District Court, M.D. Florida · Aug 26, 2025

According to Plaintiff, he was denied access to qualified ASL interpreters during this arrest. … Counts I and II To establish a disability discrimination claim under Title II of the ADA or § 504 of the Rehabilitation Act, Plaintiff must establish that he: (1)

Matthews v. Leclerc

District Court, M.D. Florida · Jul 14, 2020

Plaintiff 1 Defendants’ motion well establishes the qualified immunity which Leclerc is entitled to. Doc. 23 at 5–7. … immunity and is not relevant to a full remedy available to Plaintiff if he were to achieve success in this claim.

Cooper v. McNeil

622 F. Supp. 2d 1242 · District Court, M.D. Florida · Apr 23, 2008

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 … established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court