Case law

Florida Democratic Party v. Scott

215 F. Supp. 3d 1250 · District Court, N.D. Florida · Oct 10, 2016

It is well-established that while a state may not be sued unless it *1255 waives its sovereign immunity or that immunity is abrogated by Congress, Kimel v. Fla. … Florida law establishes that, as Secretary of State, Defendant Detzner is the “chief election officer” for the State of Florida. § 97.012, Fla. Stat. (2016).

School Board of Okaloosa County v. Richardson

332 F. Supp. 1263 · District Court, N.D. Florida · Oct 12, 1971

Clearly the challenged act and these sections meet that test. … At the hearing, it was developed the matters filed by defendants in support of their motion established all such applications had been acted on by defendants, and counsel for plaintiffs agreed that such was so established

Pollocks v. Sunland Training Center

85 F. Supp. 2d 1236 · District Court, N.D. Florida · Feb 23, 2000

Granber-ry was clearly better qualified than Ms. Elmore. I find the explanation for the hiring of Ms. Elmore pretextual. … Pittman thus clearly was qualified for the position of cottage parent.

Wetherington v. Adams

309 F. Supp. 318 · District Court, N.D. Florida · Jan 29, 1970

Were it, under the statute, raised to 5% of the annual salary, even more clearly no such constitutional question would be presented. … The filing fees, as well as the assessments themselves made by the party, go to qualified party executive committees. Fla.Stat. § 99.103 (1967), F.S.A.

ANDERSON v. CREWS

District Court, N.D. Florida · Jun 16, 2019

An alternative basis for summary judgment for the deputies on the federal claim is qualified immunity. … A public officer may be held individually liable only if the officer’s conduct violated clearly established law.

Mitchum v. McAuley

311 F. Supp. 479 · District Court, N.D. Florida · Mar 9, 1970

their enforcement and execution of Panama City, Florida, City Ordinance Section 16-44 and Florida Statutes Sections 847.011 and 847.03, F.S.A., to enjoin defendants from further violation of those rights, privileges and immunities … Carson, 310 F.Supp. 1018 (M.D.Fla., 1970) which interpreted Sheridan, supra, as saying that failure to hold a prior adversary hearing constituted irreparable injury per se, plaintiffs’ counsel felt he had established the

Navelski v. International Paper Co.

244 F. Supp. 3d 1275 · District Court, N.D. Florida · Mar 25, 2017

fact alone would suffice to establish general causation under Daubert. … Roddewig clearly possesses the “knowledge, skill, experience, training, [and] education” to critique Fruitticher’s stigma damages opinion. See Fed. R. Evid. 702.

Army Aviation Heritage Foundation & Museum, Inc. v. Buis

504 F. Supp. 2d 1254 · District Court, N.D. Florida · Mar 28, 2007

In particular, I find that a justiciable issue existed concerning the central issue in this case — whether Defendants’ communications to the FAA were privileged or entitled to qualified immunity inasmuch as such communications … Established Principles In assessing whether attorneys’ fees and costs are warranted in this case, I am guided by several established legal principles.

Mathis v. Wachovia

509 F. Supp. 2d 1125 · District Court, N.D. Florida · Mar 7, 2007

Mathis argues that she was qualified for the positions and that a lesser qualified non-black employee was promoted to each of these positions. … Wachovia has clearly satisfied its burden. cc.

Lane v. Calhoun-Liberty County Hosp. Ass'n Inc.

846 F. Supp. 1543 · District Court, N.D. Florida · Mar 11, 1994

On its face, the statute does not qualify a person’s right to sue based on the hospital’s motivation in denying that person a screening examination. … Immunity Under Florida’s Good Samaritan Act Related to the issue of the EMTALA’s relationship to state malpractice law is the question of whether Florida’s Good Samaritan Act immunizes the Hospital from liability under the

Benedict v. General Motors Corp.

142 F. Supp. 2d 1330 · District Court, N.D. Florida · May 23, 2001

Delphi, like Pepsico, formally qualified to do business in Florida and designated a regis *1335 tered agent. … Assuming that percentage of business in Florida is relevant at all, it clearly is not (and should not be) controlling.

TAYLOR v. LEVY COUNTY SHERIFF'S OFFICE

District Court, N.D. Florida · May 29, 2025

qualified immunity on the claim because the amended complaint fails to identify a violation of a clearly established constitutional right. The undersigned disagrees. … Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Joshi v. Florida State University

486 F. Supp. 86 · District Court, N.D. Florida · Feb 22, 1980

Plaintiff in this case is clearly convinced that she has been wronged and has attributed the treatment she received to her status as a foreign-born woman. … The plaintiff has the initial burden of establishing a prima facie case of discrimination by showing (1) that she belongs to a protected minority; (2) that she applied and was qualified for a job for which the employer was

Fleming v. Florida Bar

994 F. Supp. 2d 1255 · District Court, N.D. Florida · Jan 17, 2014

Claims in court may “ ‘amplify, clarify, or more clearly focus’ the allegations in the EEOC complaint,” but “new acts of discrimination are inappropriate.” Gregory, 355 F.3d at 1279 -80 (quoting Wu v. … “A plaintiff cannot establish pretext merely by showing he or she was better qualified than the hired candidate; the plaintiff must show the hiring decision was made because of an illegal motive.” Hillemann v.

Benedict v. General Motors Corp.

184 F. Supp. 2d 1197 · District Court, N.D. Florida · Jan 15, 2002

Benedict asserts, however, that there was nobody involved in GM’s development of its system who qualifies as “another inventor,” because, Dr. … General Motors thus has met its burden of establishing by clear and convincing evidence that before Dr.

Welch v. Theodorides-Bustle

273 F.R.D. 692 · District Court, N.D. Florida · Nov 17, 2010

Because the Eleventh Circuit has not yet established specific criteria for determining when monetary damages are incidental to equitable relief, we look to a Fifth Circuit case for guidance. In Allison v. … Upon a finding of liability— and if at least one defendant is held not to have qualified immunity—a class member may or may not “automatically” be entitled to statutory damages, but there will be no “complex” or even simple

Johnson v. Mortham

950 F. Supp. 1117 · District Court, N.D. Florida · Oct 29, 1996

The language of the rule establishes time requirements for all motions for attorney’s fees. See N.D.Fla.Loc.R. 54.1(A). … As discussed infra, the recovery of litigation expenses is qualified by West Virginia Univ. Hospitals, Inc. v.

Washington v. DeBeaugrine

658 F. Supp. 2d 1332 · District Court, N.D. Florida · Oct 1, 2009

The lay representative is an independent contractor paid by the Agency but chosen by the beneficiary from a list of qualified individuals. … It allows a claim against a person who deprives the plaintiff of “rights, privileges, or immunities secured by the Constitution and laws” of the United States.

Hill v. Butterworth

941 F. Supp. 1129 · District Court, N.D. Florida · Aug 7, 1996

States seeking to qualify under the “post-conviction” route must do several things: (1) establish by statute or rule a mechanism for appointment of counsel for post-conviction proceedings brought by all capital prisoners; … This argument has clearly been decided adversely to CCR’s clients, Gregg v. Georgia, 428 U.S. 153 (1976), but CCR does not cite the adverse authority.

GAY

District Court, N.D. Florida · May 5, 2026

Notably, Defendants argued that they “are entitled to qualified immunity.” ECF No. 82 at 3. However, it has been well established for 50 years that prisoners have a right to medical care. See Estelle v. … The qualified immunity defense should be rejected.