Case law

Hoffer v. Jones

290 F. Supp. 3d 1292 · District Court, N.D. Florida · Nov 17, 2017

Jenne , 326 F.3d 1352 , 1360 (11th Cir. 2003) ("[T]he causal connection may be established when a supervisor's custom or policy ... result[s] in deliberate indifference to constitutional rights ...." … s Ex. 10, at 7 (requiring APRI score over 2 to qualify), with Def.'

FIEDOR v. DEPARTMENT OF FINANCIAL SERVICES

District Court, N.D. Florida · Feb 24, 2020

The record established without genuine dispute that Mr. Blank demoted Mr. Fiedor primarily for management failings unrelated to religion. Mr. … Summary judgment was granted on the damages claim because the record established the demotion was not unconstitutional. An alternative basis for the ruling was qualified immunity.

Johnson v. Mortham

926 F. Supp. 1460 · District Court, N.D. Florida · Jun 6, 1996

This Gingles factor has definitely been established. c. … Consequently, even if there were no less race-based plan available—which clearly is not the case—District Three cannot be narrowly tailored to further any compelling interest. C.

POOLE v. DIXON

District Court, N.D. Florida · Sep 5, 2024

Page 14 of 44 The state court’s decision is not “contrary to” clearly established federal law, because the state court identified and applied the Strickland standard. … “Even minor traffic violations qualify as criminal activity.” United States v. Campbell, 26 F.4th 860, 880 (11th Cir. 2022).

MOSHER v. SAUL

District Court, N.D. Florida · Aug 12, 2019

The claimant bears the burden of establishing a severe impairment that keeps her from performing her past work. 20 C.F.R. § 404.1512. … The rationale must follow an orderly pattern and show clearly how specific evidence leads to a conclusion.”); Allen v.

MCGUIRE v. O'MALLEY

District Court, N.D. Florida · Aug 12, 2024

Prior to the established disability onset date, the claimant was a younger individual age 45-49. … Plaintiff had established multiple goals she sought to achieve through biweekly treatment. Id. Dr.

TRISTAR PRODUCTS INC v. TELEBRANDS CORPORATION

District Court, N.D. Florida · Apr 14, 2025

Ernst & Young, 507 U.S. 170, 183, 185–86 (1993) (holding that, in addition to establishing the presence of an enterprise, a plaintiff must establish that the named defendant participated in operating or managing the enterprise … is a series criminal conduct that existed for such a substantial period of time that a threat of future harm is implicit; or (ii) open-ended continuity, which is a series of criminal conduct that, while short-lived, clearly

PATTI v. BERRYHILL

District Court, N.D. Florida · Jun 14, 2019

The claimant bears the burden of establishing a severe impairment that keeps her from performing her past work. 20 C.F.R. § 404.1512. … More important, even if the complaints had been made during the relevant period, they clearly fall far short of establishing the existence of severe impairment. See, e.g., Ellison v.

EATON v. THE BANK OF NEW YORK MELLON

District Court, N.D. Florida · Sep 28, 2021

When, after the District Court’s order, Eaton failed to serve BoNYM or to file a return of service within the time established by the order setting aside default, the court dismissed the action on May 14, 2021 … “Clearly, the standard is less stringent under the civil theft statute.” Bronson v. Bronson, 685 So. 2d 994, 995 (Fla. 4th DCA 1997).

JOHNSON v. SAUL

District Court, N.D. Florida · Mar 2, 2020

To qualify as a disability, the physical or mental impairment must be so severe that the plaintiff not only is unable to do her previous work “but cannot, considering [her] age, education, and work experience, engage in … “[C]redibility determinations are the province of the ALJ, and [a court] will not disturb a clearly articulated credibility finding supported by substantial evidence.” Mitchell v. Comm’r, Soc. Sec.

ALLEN

District Court, N.D. Florida · Jun 23, 2026

To be contrary to clearly established federal law under § 2254(d)(1), “the state court must either (1) apply a rule that contradicts the governing law set forth by Supreme Court case law, or (2) reach … A petitioner does not qualify for this exception unless he shows that state court procedures were inadequate to adjudicate the merits of his claim. Id. at 4.

PRATER v. KIJAKAZI

District Court, N.D. Florida · Jul 21, 2022

In January of 2018, the claimant established care at Chiefland Medical Enter. She reported fibromyalgia pain, improving with amitriptyline. … Thus, Prater failed to meet her burden of proving that her impairments qualified under the Listings. Accordingly, the ALJ did not err here. B.

CITY WALK - URBAN MISSION INC v. WAKULLA COUNTY FLORIDA

District Court, N.D. Florida · Jul 9, 2020

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.” ACLU of Fla., Inc. v. Miami-Dade Cty. Sch. … Plaintiff also does not qualify as a CRH (small).

WOOD v. FLORIDA DEPARTMENT OF EDUCATION

District Court, N.D. Florida · Apr 9, 2024

Coll., 421 F.3d 1190, 1193 (11th Cir. 2005) (“[T]he State Board of Education . . . is clearly an arm of the state.”). … The employee argued that this period of compelled leave qualifies as an adverse employment action.

CULLIVER v. BP EXPLORATION AND PRODUCTION INC

District Court, N.D. Florida · Sep 30, 2024

Rule 702 allows opinion testimony from a qualified witness that is based on sufficient facts, consists of specialized knowledge that will help the jury understand a fact in issue, is the product of reliable principles … The Magistrate Judge quoted that parenthetical sentence but clearly understood that this is not a first-category case under McClain; the focus of that quote in the R&R was instead on the need to identify causation linked

STRICKLAND v. COMMISSIONER OF SOCIAL SECURITY

District Court, N.D. Florida · Feb 10, 2020

Plaintiff reported anxiety and mild depression but felt that Clonazepam helped him slow his mind and think clearly, accomplish tasks, and get along more easily in public (tr. 440). Dr. … Kline was not qualified to assess the vocational consequences of impairments, Dr.

HONEYFUND.COM INC v. DESANTIS

District Court, N.D. Florida · Aug 18, 2022

injunction is an extraordinary and drastic remedy,” it should be granted if “the movant ‘clearly carries the burden of persuasion’ as to the four prerequisites.” United States v. … Regardless of whether some of the prohibited concepts are vague, however, Plaintiffs claim the entire statute is rendered vague by the qualifier that “discussion” of the prohibited concepts is permissible if “given in

FLORIDA DECIDES HEALTHCARE INC v. BYRD

District Court, N.D. Florida · Jul 8, 2025

The movant must clearly carry the burden of persuasion as to these four prerequisites. United States v. Jefferson Cnty., 720 F.2d 1511, 1519 (11th Cir. 1983). … at 615–17 (noting that “[s]ince the Secretary of State began keeping statistics on the success rate of signature campaigns in 1985, it appears that approximately 70% of the . . . petitions circulated have qualified

Everett v. City of Tallahassee

840 F. Supp. 1528 · District Court, N.D. Florida · Jul 2, 1993

Because neither a fire station nor rental facility qualifies as a utility, this exemption does not apply in the case at bar. … Plaintiffs rezoning request was clearly within the guidelines established by the City’s comprehensive plan future land use map.

LEBLANC v. SAUL

District Court, N.D. Florida · Sep 25, 2019

The claimant bears the burden of establishing a severe impairment that keeps her from performing her past work. 20 C.F.R. § 404.1512. … An ALJ must clearly articulate the reasons for giving less weight to the opinion of a treating physician.