Case law
Opinions from 1658 to today.
336 results
1.50s
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 timesUnknown983 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 timesPublishedEqual 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 timesPublishedDistrict 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 timesUnknownNorth 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 timesPublishedBush 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 timesPublishedDistrict 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 timesUnknownDistrict 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 timesUnknownPeoples 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 timesPublishedFlorida 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 timesPublishedDistrict 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 timesUnknownN 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 timesUnknownDistrict 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 timesUnknownNP 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 timesUnknownDistrict 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 timesUnknown767 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 timesPublishedFresenius 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 timesPublishedDistrict 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 timesUnknownKing 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 timesPublishedFlorida 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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