Case law

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  • DEBOSE v. PATTEN

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

    Qualified immunity “protects an officer unless at the time of the officer’s supposedly wrongful act the law was already established to such a high degree that every objectively reasonable officer in his place would be … That is enough for me to conclude Defendants are entitled to qualified immunity.

    Cited 0 timesUnknown
  • Raines v. State of Florida

    983 F. Supp. 1362 · District Court, N.D. Florida · Mar 21, 1997

    There, like Torcasio , the court found for purposes of qualified immunity that it was not clearly established in 1994 that the ADA apples to a state prison. … But the “program” relevant to the ADA claim is the one established by the statute.

    Cited 4 timesPublished
  • Equal Employment Opportunity Commission v. West Customer Management Group, LLC

    899 F. Supp. 2d 1241 · District Court, N.D. Florida · Sep 26, 2012

    merely by the ipse dixit of an admittedly qualified expert). … In order to do so, the plaintiff must establish the following four elements: (1) he is a member of a protected class; (2) he applied for and was qualified for the position; (3) despite his qualifications, he was rejected;

    Cited 2 timesPublished
  • HAYES

    District Court, N.D. Florida · Jan 9, 2026

    immunity. … Ultimately, the question of qualified immunity depends upon making certain factual findings that this Court, at this stage in the proceeding, is not permitted to make.

    Cited 0 timesUnknown
  • North Florida Educational Development Corp. v. Woodham

    942 F. Supp. 542 · District Court, N.D. Florida · May 20, 1996

    NFEDC further alleges that Defendants’ actions were “arbitrary, capricious, and lacked any rational basis,” in violation of the clearly established laws of the Quincy municipal code and the United States Constitution. … in . the area in which it is established.”

    Cited 4 timesPublished
  • Bush v. Hillsborough County Canvassing Board

    123 F. Supp. 2d 1305 · District Court, N.D. Florida · Dec 8, 2000

    This legislative history clearly establishes that Congress intended to guarantee that military personnel and overseas citizens retain their right to vote and how that right must be exercised by the absentee ballot. 13 . … However, Griffin is clearly a case that turned on due process. Id. at 1078-79 .

    Cited 4 timesPublished
  • DEPINTO v. SHADER

    District Court, N.D. Florida · May 2, 2022

    Second, qualified immunity applies to § 1983 damages claims against public employees and protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986). … Thus a public employee may be held individually liable only if the employee’s conduct violates clearly established law.

    Cited 0 timesUnknown
  • C H v. ASHLEY

    District Court, N.D. Florida · Jul 15, 2022

    Qualified Immunity Even if C.H. had raised a genuine issue of material fact with regard to a claim, Jackson has shown she is entitled to qualified immunity. … An official is not entitled to qualified immunity where: (1) her alleged conduct violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the violation. Id.

    Cited 0 timesUnknown
  • Peoples v. Florida Department of Children & Families

    24 F. Supp. 2d 1268 · District Court, N.D. Florida · Sep 30, 1998

    In cases involving an existing employee’s application for a promotion to an open position, the employee establishes a prima facie case by showing that (1) she belongs to a racial minority, (2) she was qualified for the open … Peoples has clearly established a prima facie case: (1) she is African American, (2) she met all the qualifications for the position of Senior Registered Nurse Supervisor, (3) her applications for each of the four positions

    Cited 0 timesPublished
  • Florida Ex Rel. McCollum v. United States Department of Health & Human Services

    716 F. Supp. 2d 1120 · District Court, N.D. Florida · Oct 14, 2010

    I am satisfied that this qualifies as an injury-in-fact, for essentially the *1148 same reasons discussed with respect to the individual mandate'—to wit, the state plaintiffs have established a realistic (and not hypothetical … are currently immune from direct nondiscriminatory federal taxation”) (emphasis added). 15 .

    Cited 27 timesPublished
  • DORRIS v. WALMART INC

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

    Walmart moves for summary judgment, arguing that Dorris has not established that she was eligible for FMLA leave, and, even assuming she has a qualifying condition, the record shows that she failed to provide … First, Dorris has not established that she suffers from a serious medical condition.

    Cited 0 timesUnknown
  • N R v. SCHOOL BOARD OF OKALOOSA COUNTY

    District Court, N.D. Florida · Sep 30, 2019

    Qualified immunity shields public officials performing discretionary functions from suit in their individual capacities, unless their conduct “violate[s] clearly established statutory or constitutional rights of … An official is not entitled to qualified immunity where: (1) his alleged conduct violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the violation.

    Cited 0 timesUnknown
  • C H v. ASHLEY

    District Court, N.D. Florida · Sep 30, 2019

    The affirmative defense of qualified immunity shields public officials performing discretionary functions from suit in their individual capacities, unless their conduct “violate[s] clearly established statutory … An official is not entitled to qualified immunity where: (1) his alleged conduct violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the violation.

    Cited 0 timesUnknown
  • NP A MINOR BY EP HIS NATURAL GUARDIAN v. THE SCHOOL BOARD OF OKALOOSA COUNTY FLORIDA

    District Court, N.D. Florida · Sep 30, 2019

    The affirmative defense of qualified immunity shields public officials performing discretionary functions from suit in their individual capacities, unless their conduct “violate[s] clearly established statutory … An official is not entitled to qualified immunity where: (1) his alleged conduct violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the violation.

    Cited 0 timesUnknown
  • HUNT

    District Court, N.D. Florida · Apr 1, 2026

    Only rarely will a State criminal prosecution qualify for § 1443 removal. See Greenwood v. Peacock, 384 U.S. 808, 828–29 (1966). … rights to a fair and speedy trial—are insufficient to qualify for removal under § 1443(1).

    Cited 0 timesUnknown
  • United States v. Hirmer

    767 F. Supp. 2d 1305 · District Court, N.D. Florida · Feb 8, 2011

    The MVRA establishes procedures for identifying victims and the losses they sustained. … Leitner was a Qualified Consultant. 8 .

    Cited 0 timesPublished
  • Fresenius Medical Care Holdings, Inc. v. Francois

    832 F. Supp. 2d 1364 · District Court, N.D. Florida · May 27, 2011

    Likewise, the federal Medicaid program has been recognized as “a cooperative state-federal program” where the case for federal preemption is less persuasive and difficult to establish. Pharm. … Plaintiffs have not demonstrated that the burden upon interstate commerce imposed by the Florida referral statute is clearly excessive in light of the putative local benefit.

    Cited 5 timesPublished
  • EVANS

    District Court, N.D. Florida · Jun 30, 2026

    Thus, Evans claims the Defendants are not entitled to qualified or absolute immunity and cannot “exercise sovereign state enforcement power” such as by issuing arrest warrants or suspending drivers’ licenses. … This relief would clearly interfere with the state court proceedings and the FDOR’s enforcement efforts. See id.

    Cited 0 timesUnknown
  • King v. Auto, Truck, Industrial Parts & Supply Inc.

    21 F. Supp. 2d 1370 · District Court, N.D. Florida · Mar 28, 1998

    In meeting this prerequisite, Plaintiffs can establish causation in several ways. … As women, Plaintiffs are clearly members of a protected class.

    Cited 8 timesPublished
  • 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).

    Cited 18 timesPublished

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