Case law

McKeon v. Vaicaitis, Schorr, Richards, M.D., P.A.

785 F. Supp. 965 · District Court, M.D. Florida · Feb 24, 1992

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 … Plaintiff also alleges that she was paid substantially less than similarly qualified and less qualified male CRNAs, despite the fact that she performed substantially more work and more difficult assignments.

United States v. $144,600.00, United States Currency

757 F. Supp. 1342 · District Court, M.D. Florida · Feb 26, 1991

However, the fact that property was seized in violation of the fourth amendment will not immunize it from forfeiture. … The Claimant’s tax records clearly contradict the Claimant’s undocumented allegations. For the tax years 1985 through 1988, the Claimant reported income of less than $50,000.00, including unemployment compensation.

Wills v. United States

111 F. Supp. 3d 1277 · District Court, M.D. Florida · May 28, 2015

Thus, before proceeding further, the Court must consider the threshold question of whether it possesses subject matter jurisdiction over Wills’s claim. 2 It is well established that the United States is immune from suit unless … However, the waiver of sovereign immunity contained in the FTCA is a qualified waiver. See Autery, 992 F.2d at 1526 .

United States v. Mason

510 F. Supp. 2d 923 · District Court, M.D. Florida · May 22, 2007

[and] establish[ ] a comprehensive national system for the registration of those offenders.” 3 42 U.S.C. § 16901 . … Congress has clearly and explicitly set forth the purpose of SORNA in 42 U.S.C. Section 16901 .

G.C. ex rel. Cosco v. School Board

639 F. Supp. 2d 1295 · District Court, M.D. Florida · Jun 10, 2009

As the Court finds that G.C.’s constitutional rights have not been violated, it is unnecessary to determine whether the law was clearly established at the time of the alleged injury in order to determine the merits of Garrett … ’s qualified immunity defense.

Kornagay v. Tabil

District Court, M.D. Florida · Mar 17, 2025

The Court must review the Complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. … Specifically, he alleges Johns returned an emergency grievance because it did not qualify as an emergency under the Florida Administrative Code, sent the grievance to the warden, and advised Kornagay to file an informal

Moore v. Hillsborough County Board of County Commissioners

544 F. Supp. 2d 1291 · District Court, M.D. Florida · Jan 8, 2008

(Dkt.l, ¶ 35, 45) To establish a prima facie case of employment discrimination under the ADA, a plaintiff must demonstrate that: (1) she has a disability, (2) she is a “qualified individual,” and (3) the defendant unlawfully … Moreover, the record clearly shows that Albright did not require an accommodation to perform her job.

Williams v. HEALTH MAINTENANCE ORG. OF FLORIDA

689 F. Supp. 1082 · District Court, M.D. Florida · Mar 1, 1988

Plaintiff established that she is within the protected class. However, plaintiff failed to make a prima facie showing that she was qualified for the position of MR. … Plaintiff failed to establish the qualifications of any MRs hired. Similarly, she failed to present evidence that she was equally or more qualified than other MRs hired.

Smith v. Bank of America Home Loans

968 F. Supp. 2d 1159 · District Court, M.D. Florida · Aug 13, 2013

Section 1961 requires that a RICO plaintiff establish that a defendant could be convicted for violating the charged predicate statutes. Sedima, S.P.R.L. v. … Among those duties is the obligation to respond to a Qualified Written Request (QWR) submitted by a borrower. 12 U.S.C. § 2605 (e).

Captran Creditors' Trust v. McConnell (In re Captran Creditors' Trust)

128 B.R. 469 · District Court, M.D. Florida · Jun 17, 1991

MOREOVER, HAD A BREACH OCCURRED, THE TRUST AGREEMENT ESTABLISHES PROVEN DISHONESTY AS THE ONLY BASIS FOR TRUSTEE LIABILITY. … Moreover, appellants argue that public policy dictates that, at most, the exculpation provision only immunized appellees from liability for good faith errors in judgment.

James v. Perez-Lugo

District Court, M.D. Florida · Mar 22, 2022

Additionally, they invoke qualified immunity. Id. … Prison officials sued in their individual capacity “[are] entitled to qualified immunity for [their] discretionary actions unless [they] violated ‘clearly established statutory or constitutional rights

DeSisto College, Inc. v. Town of Howey-In-The-Hills

718 F. Supp. 906 · District Court, M.D. Florida · Jun 29, 1989

It is remarkable that the case plaintiffs relied upon for their position on legislative immunity, Cutting v. … This duty is clearly delineated on an affidavit on the form the Clerk provides to prevailing parties which is used for the taxation of costs. 3 .

O'Connor v. Backman

District Court, M.D. Florida · Mar 2, 2022

Doc. 199 at 15-16.8 “The qualified immunity defense shields ‘government officials performing discretionary functions . . . … “To be entitled to qualified immunity, the defendant must first establish that he was acting within the scope of his discretionary authority.” Gaines v.

Florida East Coast Railway Company v. United States

242 F. Supp. 14 · District Court, M.D. Florida · May 13, 1965

with section 7 of the Clayton Act, 26 and also to grant relief from the operation of the antitrust laws, 27 the logical corollary would be that the Commission will not grant immunity from the antitrust laws unless clearly … For this Court to enjoin permanently the merger would require that we invade the long-established province of the Commission.

Evans

District Court, M.D. Florida · Dec 19, 2025

The abstention doctrine established in Younger v. … Here, Plaintiff’s own allegations and the attachment to his complaint establish that the doctrine of judicial immunity applies.

Hasani Jackson v. Florida Department of Revenue Child Support Program, and Timothy Sierra

District Court, M.D. Florida · Jun 29, 2026

The claim fails against Sierra because he is not a state actor and does not fall into any of “the rare circumstances where a private individual may qualify as a state actor.” Id. at 5. … Further, Florida has not waived Eleventh Amendment immunity for civil rights actions against state agencies under Section 1983 and Congress has not abrogated Eleventh Amendment immunity for Section 1983 claims.

Trevor Jared Smith v. Robert J. Perrault, Jr. and Florida Department of Financial Services

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

Read in context, “[t]his statutory duty is clearly a codified general duty to enforce the law—namely, Florida’s insurance code—that DFS owes to the general public rather than to an individual.” Black v. … On the facts alleged, Smith does not establish that DFS owed him a special duty of care.

Davis v. Dotson

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

Alternatively, Wick argues that she is entitled to qualified immunity on Plaintiff’s claims. Id. at 11–15. Defendants Davis and Bazemore likewise filed a Motion to Dismiss presenting the same arguments. … Plaintiff also argues that Davis and Bazemore are not entitled to qualified immunity. Id.

White v. Secretary, Department of Corrections (Duval County)

District Court, M.D. Florida · Nov 14, 2022

A defendant bears the burden of establishing his or her entitlement to immunity by a preponderance of the evidence. Early v. … 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

Vintilla v. United States

767 F. Supp. 249 · District Court, M.D. Florida · May 11, 1990

Because jurisdiction under the statutes in question waives the United States sovereign immunity, this court must strictly observe the limitations and conditions of those statutes. Soriano v. … The statutes clearly set forth the period of limitations and neither this court nor the taxpayer may enlarge that period beyond what Congress has prescribed. First Nat’l Bank v.