Case law

Gilbert v. Sears, Roebuck and Co.

826 F. Supp. 433 · District Court, M.D. Florida · Jul 14, 1993

Other allegations contained in Count I pertain solely to the actions of officers of the Tampa Police Department who are not a party to this action due to the requirements of the state’s sovereign immunity statute. … Gilbert does not clearly and specifically state in his complaint that the Sears employees were acting under color of state law, the complaint is riddled with instances where Mr.

Seaberg v. Steak N' Shake Operations, Inc.

154 F. Supp. 3d 1294 · District Court, M.D. Florida · Dec 30, 2015

This statute, entitled “Immunity from liability for injury to trespassers on real property,” further defines ah “invitation” as “the visitor entering the premises .has an objectively reasonable belief that he or she has been … This is so because the evidence presented to the jury was clearly sufficient to establish that Ms.' Seaberg was in fact a business invited.

Kitchings v. FLA UNITED METHODIST CHILDREN'S HOME

393 F. Supp. 2d 1282 · District Court, M.D. Florida · May 18, 2005

The Defendant asserts that it is entitled to summary judgment for the following reasons: (1) it is entitled to absolute immunity under 29 U.S.C. § 259 (a) because it relied in good faith on a Department of Labor opinion regarding … Thereafter, summary judgment is mandated against the non-moving party who fails to make a showing sufficient to establish a genuine issue of fact for trial.

Palmer v. Braun

155 F. Supp. 2d 1327 · District Court, M.D. Florida · Jul 30, 2001

As the Supreme Court explained in Feist : To qualify for copyright protection, a work must be original to the author. … Establishment v. Columbia Broad.

United States v. Hartsfield

160 F. Supp. 3d 1315 · District Court, M.D. Florida · Feb 3, 2016

. § 4B1.2(b), their holdings cannot establish plain error in this case. … Johnson holds that the residual clause for determining what qualifies as a violent felony is unconstitutionally vague.

Hall v. Harris

District Court, M.D. Florida · Jan 22, 2025

Dudek granted the plaintiffs leave to proceed in forma pauperis, to the Court must review the complaint to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages from anyone immune … “To establish discriminatory effect in a race case, the claimant must show that similarly situated individuals of a different race were not prosecuted.” Id.

Al-Hakim v. Florida

892 F. Supp. 1464 · District Court, M.D. Florida · Jul 5, 1995

Hence, factors two and three of Gingles have not been established. … and to 10.02% in 1992. .The parties also stipulated that where special qualifications are necessary, the relevant statistical pool for purposes of demonstrating discriminatory exclusion must be the number of minorities qualified

David v. United States of America

District Court, M.D. Florida · May 7, 2021

“Absent its consent, a state may not be sued in federal court unless Congress has clearly and unequivocally abrogated the state's Eleventh Amendment immunity.” DeKalb Cty. Sch. Dist. v. … Janice David does not qualify as a state actor under any of these tests. pursuant to § 1983. “Leave to amend . . . need not be granted where amendment would be futile.” Stevens v.

Nipper v. Chiles

795 F. Supp. 1525 · District Court, M.D. Florida · Jun 2, 1992

As the Court’s findings on the vote dilution issue clearly demonstrate, none of these factors is present in this case. … Marengo County Comm’n, 731 F.2d 1546 (11th Cir.1984), is clearly distinguishable.

Bright v. Contractors Access Equipment Co.

District Court, M.D. Florida · Dec 6, 2024

A “qualified individual” is one “‘who, with or without reasonable accommodation, can perform the essential functions’ of h[is] employment.” Id. … If claims are not clearly and individually defined, a defendant cannot fairly understand the factual basis for each legal claim.

Gc v. School Bd. of Seminole County, Florida

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

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 … Day clearly states that she was hired to provide a "forensic assessment" at the request of G.C.'s attorneys in order "to assist with understanding how this abuse has impacted on [G.C.]." (Day Report at 10).

Sarasota Memorial Hospital v. Shalala

848 F. Supp. 974 · District Court, M.D. Florida · Mar 25, 1994

Memorial was one of these qualifying entities. 5. … benefits are amounts paid to or on behalf of, an employee, in addition to direct salary or wages, and from which the employee ... derives a personal benefit.” *977 The letter also stated that except where data errors are “clearly

Gargett v. Florida Department of Juvenile Justice

District Court, M.D. Florida · Jul 19, 2024

“Pursuant to the exception established in Ex parte Young, . . . … While it would have been better for the Department to clearly address its Eleventh Amendment immunity as to the FCRA claim in its Motion, the Court agrees that such immunity applies

Boggs v. Doe

District Court, M.D. Florida · Sep 18, 2023

and qualified immunity; (4) Defendant Godwin, as a supervisory official, is not liable under 42 U.S.C. § 1983; and (5) Boggs is not entitled to the relief he requests. … and qualified immunity; (3) Defendant Godwin, as a supervisory official, is not liable under 42 U.S.C. § 1983; and (4) Boggs is not entitled to the relief he requests.

Hawk v. Hartford Insurance Company of the Midwest

District Court, M.D. Florida · Jan 29, 2025

As discussed earlier, the Complaint and other relevant documents clearly establish that there was a partial disallowance on January 26, 2023. … immunity, including the limitations period.

McCrimmon v. Centurion of Florida, LLC

District Court, M.D. Florida · Feb 8, 2021

The individual Centurion Defendants also invoke qualified immunity. Id. at 18. … Accordingly, they may not invoke qualified immunity. See, e.g., Richardson v. McKnight, 521 U.S. 399, 412 (1997) (holding private prison guards “do not enjoy qualified immunity from suit in a § 1983 case”).

Kinner

District Court, M.D. Florida · Apr 20, 2026

Jan. 15, 2014) (dismissing the case for failure to state a claim and seeking monetary relief against a defendant who is immune from such relief); (2) Kinner v. ADA Cnty. … Although Plaintiff alleges he was on a hunger strike, his Complaint, “as a whole,” does not establish that he “was in imminent danger of serious physical injury at the time he filed his Complaint.”

Lopez v. Geico General Insurance Co.

196 F. Supp. 3d 1270 · District Court, M.D. Florida · Jul 22, 2016

Those cases established and applied the “innocent insured” doctrine, which states that fraud committed by a coinsured will not void the coverage of an innocent coin-sured unless clearly stated in the policy. … The policy clearly provides that named insureds fall within the definition of “you” and that any vehicle “owned by you” but not listed on the declarations page is not a temporary substitute auto.

Tillman v. C.R. Bard, Inc.

96 F. Supp. 3d 1307 · District Court, M.D. Florida · Mar 30, 2015

However, with respect to Hyman’s opinions on the adequacy of Bard’s warnings, Tillman fails to establish that Hyman is qualified to opine on this issue. … that Freeman is qualified to opine on this subject.

Daytona Beach General Hospital, Inc. v. Weinberger

435 F. Supp. 891 · District Court, M.D. Florida · Aug 19, 1977

Section 1491 . 9 But, as clearly defined in United States v. … The 1972 amendments established that recoupment of a provider for payments for non-covered services is assumed.