Case law

PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al.

District Court, M.D. Florida · Mar 31, 2026

judgment on the merits and because the Court’s analysis and conclusion on the merits and on immunity would be identical, the Court will bypass the qualified immunity issue and rule on the merits. See, e.g., Aversa v. … United States, 99 F.3d 1200, 1215 (1st Cir. 1996) (“A court may also bypass the qualified immunity analysis if it would be futile because current law forecloses the claim on the merits.”); see also Edwards v.

Reynolds v. International Business MacHines Corp.

320 F. Supp. 2d 1290 · District Court, M.D. Florida · May 26, 2004

“In the context of a § 510 claim alleging unlawful discharge, a plaintiff may establish a prima facie case of discrimination by showing (1) that he is entitled to ERISA’s protection, (2) was qualified for the position, and … To establish a prima facie case under the ADEA the plaintiff must show that he “(1) was a *1307 member of the protected age group, (2) was subjected to adverse employment action, (3) was qualified to do the job, and (4) was

Short v. Immokalee Water & Sewer District

165 F. Supp. 3d 1129 · District Court, M.D. Florida · Feb 25, 2016

Short recommended black applicants for each position, as they were the most qualified. (Id.) Deyo rejected Short’s recommendations and hired less qualified, non-black individuals. (Id.) … A complaint may be dismissed, however, when the existence of an affirmative defense “clearly appears on the face of the complaint.” Quiller, 727 F.2d at 1069 .

Sadiq v. U.S. Courts

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

Fitzgerald, 457 U.S. 800, 819 (1982) (“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction … .”); see … to administer justice; fourth, alternative remedies such as appeal and impeachment reduce the need for private rights of action against judges; and fifth, the ease of alleging bad faith would make a qualified

Chubboy v. Chubboy

District Court, M.D. Florida · Mar 18, 2025

jurisdiction is clearly absent); Stump v. … “By federal statute, established constitutional case law, and longstanding federal policy, federal courts will enjoin state court proceedings only in narrowly defined and strictly limited instances.” Claughton v.

Thomas v. Beebe

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

(Dkt. 24) Defendants Burke and Beebe raise qualified immunity as a defense to Plaintiff’s claims, and contend the Complaint fails to state a claim against them under Fed. R. Civ. P. 12(b)(6). (Id.) … Thus, under Florida law, Plaintiff’s nolo contendere plea establishes probable cause for his arrest.

Speak v. Whidden

District Court, M.D. Florida · Feb 26, 2021

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Accordingly, Sheriff Whidden is not entitled to qualified immunity because the law that governs the alleged constitutional violation in this case is clearly established.

Jian-Jian Ren v. University of Central Florida Board of Trustees

390 F. Supp. 2d 1223 · District Court, M.D. Florida · Jul 5, 2005

qualified and applied for the promotion; (3) that she was rejected despite these qualifications; and (4) other equally or less qualified employees who are not members of the protected minority were promoted.” … Ren fails to establish pretext.

Cruz v. Secretary, Department of Corrections

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

The state court decision is not contrary to nor an unreasonable application of clearly established federal law as determined by the Supreme Court. … If such clearly established law has been violated by this ruling, Petitioner does not specify what federal law.

Odongo v. Walgreens Corporation

District Court, M.D. Florida · Sep 5, 2019

To provide quicker service to immunization patients, Odongo would go one step further and begin electronically processing the immunization order before the potential patient had agreed to be immunized. … Prima Facie Case To establish a prima facie case, Odongo “must show that: (1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action;

Sadiq v. U.S. Courts

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

Fitzgerald, 457 U.S. 800, 819 (1982) (“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction … .”); see … to administer justice; fourth, alternative remedies such as appeal and impeachment reduce the need for private rights of action against judges; and fifth, the ease of alleging bad faith would make a qualified

Lebron v. Wilkins

990 F. Supp. 2d 1280 · District Court, M.D. Florida · Dec 31, 2013

(Dkt. 77 at 3) The application requires disclosure of certain information, such as medical history, immunization records, living arrangements, social security numbers, family income, employment history, and job-search activities … Mack’s testimony should be excluded as he is not a qualified expert in this case.

Amis v. Gulf Abstract & Title, Inc.

564 F. Supp. 1121 · District Court, M.D. Florida · Apr 25, 1983

The fact that the buyer had to pay the law firm’s fee did not establish a lawyer-client relationship. Amey, Inc. v. … Rankin Terry, choosing instead to rely on an “unusually qualified” member of the Allen, Knudsen firm.

Ness v. Aetna Life Insurance Co.

257 F. Supp. 3d 1280 · District Court, M.D. Florida · Jun 15, 2017

Aetna’s decision was based on the record which clearly demonstrated that Ness was not disabled within the meaning of the Policy. … Even though Ness was totally disable under the SSA regulations, the record clearly shows that she was not disabled within the meaning of the LTD Policy.

George v. Berman

District Court, M.D. Florida · Jan 12, 2024

They argue if the action is not dismissed with prejudice, the Court should order George to plead with enough specificity to allow an analysis of qualified immunity. … Indeed, courts should consider qualified immunity as soon as possible. Simmons v. Bradshaw, 879 F.3d 1157, 1162 (11th Cir. 2018).

Jones

District Court, M.D. Florida · Mar 12, 2026

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). … Due Process Violation/Conditions of Confinement Jones also alleges a due process violation, but he does not clearly identify the Defendants’ acts or omissions that violated his due process rights.

West Coast Group Enterprises, LLC v. Darst

District Court, M.D. Florida · Sep 22, 2021

” ' According to the United States, given the untimely filing of the notice of the tax liens, if West Coast qualifies as a “purchaser” under LR.C. … Because Darst is suing the United States, he also “bears the burden of establishing that the government has waived sovereign immunity with respect to his claims.” Reeves v.

Bainbridge v. Bush

148 F. Supp. 2d 1306 · District Court, M.D. Florida · Jul 17, 2001

This expanded understanding of what constitutes a “core concern” under the Twenty-First Amendment established by the Supreme Court in North Dakota must be applied to the constitutional analysis in this case. … The Court in Bridenbaugh does not clearly distinguish its commerce clause and Twenty-First Amendment analysis.

Lavandeira v. Thirteenth Judicial Circuit

District Court, M.D. Florida · Nov 6, 2020

Congress’s intent to abrogate sovereign immunity under Title II is unmistakable. … at 81 (2000), “it is more difficult to establish abrogation where no fundamental right is at issue,” National Ass’n of the Deaf v.

Molina v. Secretary, Department of Corrections (Hillsborough County)

District Court, M.D. Florida · Jun 2, 2025

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.”