Case law

Bass v. Wainwright

589 F. Supp. 867 · District Court, M.D. Florida · Jun 13, 1983

In response to the merits of the petition, respondent contends that the record in this case clearly supports the trial court’s finding of a voluntary confession. II. … PROMISE OF IMMUNITY AND CONFESSION OF CO-DEFENDANT In Part, I of this opinion it is noted that Bass and the sheriff's officers gave different accounts of the “promise of immunity” which Bass claims he received from the officers

Martino v. Campbell

District Court, M.D. Florida · May 8, 2020

Judge Campbell has moved to dismiss the complaint on several grounds, including judicial and qualified immunity, the Eleventh Amendment, and failure to state a claim upon 1 The … Accordingly, Judge Campbell is entitled to absolute judicial immunity unless Martino can establish that she “acted in the clear absence of all jurisdiction.” Bolin v.

Jordan v. Metropolitan Life Insurance

205 F. Supp. 2d 1302 · District Court, M.D. Florida · May 21, 2002

Specifically, the plan requires that a claimant must be disabled for one hundred eighty days to qualify for benefits. … Defendant does not dispute that Plaintiff suffers from fibromyalgia; however, it claims that under the plan’s definition, she does not qualify as disabled; therefore, she does not qualify for long-term disability benefits

Keller v. Western-Southern Life Insurance

881 F. Supp. 1559 · District Court, M.D. Florida · Mar 24, 1995

Specifically, heart disease qualifies as a disability under the ADA. Cardiovascular impairments can qualify a person for disabled status. 29 C.F.R. § 1613.702 (b)(1). … Initially, the plaintiff has the burden of establishing a prima facia case of discrimination.

Burno v. Lake Tech Institute of Public Safety

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

Plaintiff fails to clearly state what claim or claims he alleges against each defendant and does not tie any specific facts to any specific defendant. … See Kentucky, 473 U.S. at 169; Pennhurst State Sch. & Hosp., 465 U.S. at 97-103; In re Burke, 146 F.3d 1313, 1317 (11th Cir. 1998) (stating that there are well-established exceptions to Eleventh Amendment Immunity, such

Leach v. Johnston

812 F. Supp. 1198 · District Court, M.D. Florida · Oct 7, 1992

[I]n order to be a qualified elector in Florida one must, among other things, have established the seat of his existence in Florida with the present intention that this State shall be his permanent home as distinguished from … These violations were clearly avoidable by the Defendants.

Lapar v. Potter

395 F. Supp. 2d 1152 · District Court, M.D. Florida · Oct 19, 2005

Nisus, Inc., in to order to establish a claim for intentional infliction of emotional distress under Florida law, a plaintiff must show: “(1) deliberate or reckless infliction of-mental suffering by the defendant; (2) by … or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Lathrop v. Unidentified, Wrecked & Abandoned Vessel

817 F. Supp. 953 · District Court, M.D. Florida · Apr 9, 1993

Courts have held that Congress may constitutionally “alter, qualify, or supplement the substantive admiralty law [presumed to be in existence at the writing of the Constitution].” Panama R.R. Co. v. … within them or including a thing falling clearly without.

Johnson Bros. Corp. v. WSP USA, Inc.

District Court, M.D. Florida · Jul 2, 2024

judgment on the sovereign-immunity issue. … The Court does not read Northbrook as establishing such a broad proposition.

Banks

District Court, M.D. Florida · May 8, 2026

But the “law is clear that the unnamed defendant must be clearly described so as to be 2 Defendant Monroe reserves the right to assert qualified immunity from Plaintiffs’ claims. … Yet, Plaintiffs have not clearly alleged in sufficient detail any facts that show Monroe was deliberately indifferent to constitutional rights, see Rivas v.

Murray v. Governor, State of Florida

District Court, M.D. Florida · Apr 8, 2025

Immunity Defendants request dismissal of the case based on immunity. … Plaintiff’s allegations regarding Defendants’ involvement are hypothetical, conclusory, and clearly speculative.

Mobley v. Apfel

104 F. Supp. 2d 1357 · District Court, M.D. Florida · Jun 14, 2000

Mobley qualifies as a prevailing party, and Defendant concedes as much. … establishes that his net worth at that time was less than $2 million.

Murdick v. Catalina Marketing Corp.

496 F. Supp. 2d 1337 · District Court, M.D. Florida · Jul 11, 2007

Is Murdick Qualified to Perform the Job at Issue? Catalina does not directly address the second element, whether Murdick was qualified to perform the job at issue. … Since the termination is uncontested, it will not be addressed, as it obviously qualifies.

Fath v. Unum Life Insurance Co. of America

928 F. Supp. 1147 · District Court, M.D. Florida · Jun 10, 1996

Plaintiff has gone beyond the pleadings and has attempted to establish a factual question through the depositions of her various treating physicians. … Summary judgment would clearly be granted based on case precedent if the exclusion in Defendant’s policy only required manifestation of symptoms during the pre-policy time period to qualify as a pre-existing condition.

Miles

District Court, M.D. Florida · Feb 10, 2026

. § 4 (“The Code establishes the law of this State[.]”). … “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[.]” Pierson v.

Hinson v. Judd

District Court, M.D. Florida · Sep 11, 2019

In Marbury, the decision turned on qualified immunity with respect to § 1983 claims brought against defendants in their individual capacity. … “[B]asic judgmental or discretionary governmental functions are immune from legal action, whereas operational acts are not protected by sovereign immunity.” Id.

Odyssey Marine Exploration, Inc. v. Unidentified, Wrecked, & Abandoned Sailing Vessel

727 F. Supp. 2d 1341 · District Court, M.D. Florida · Jul 30, 2010

Although holding that the Foreign Sovereign Immunities Act defeats subject matter jurisdiction, Odyssey I questions the exercise of in rem jurisdiction outside the territorial boundary of the United States. … Therefore, the law of finds fails to enjoy the universal acceptance necessary to qualify as a part of the jus gentium, and the absence of the “shared sovereignty” of the jus gentium scuttles any application of the Titanic

Rodriguez v. Beamer

District Court, M.D. Florida · Jun 21, 2024

The immunity of judges from liability to damages is “solidly established.” Cleavinger v. Saxner, 474 U.S. 193, 199 (1985). … Gerstein, 608 F.2d 654, 658 (5th Cir. 1979), in a matter that is “clearly outside the judge’s subject matter jurisdiction.” Dykes v.

Schwarz v. Villages Charter School, Inc.

165 F. Supp. 3d 1153 · District Court, M.D. Florida · Feb 29, 2016

To establish a claim of disability discrimination under Title II of the ADA, each Plaintiff must establish that (1) he or she is a qualified individual with a disability; (2) was denied the full and equal benefit of services … To establish a violation of section 504 of the RA, a plaintiff must meet four requirements: “1) she is a ‘handicapped individual,’ 2) she is ‘otherwise qualified’ for participation in the program, 3) the program receives

Burno v. Lake Tech Institute of Public Safety

District Court, M.D. Florida · Feb 13, 2025

A civil action under § 1983 “creates a private right of action to vindicate violations of ‘rights, privileges, or immunities secured by 2 There are “certain well-established exceptions to Eleventh Amendment Immunity … ,” specifically, “a state may waive its Eleventh Amendment immunity” or “Congress can abrogate states’ Eleventh Amendment immunity.”