Case law

ABC Charters, Inc. v. Bronson

591 F. Supp. 2d 1272 · District Court, S.D. Florida · Oct 1, 2008

STANDARD FOR PRELIMINARY INJUNCTION A preliminary injunction is an “extraordinary and drastic remedy” that should be granted only if Plaintiffs clearly established their “burden of persuasion.” McDonald’s Corp. v. … White, 941 F.2d 201 , 215 (3d Cir.1991) (Eleventh Amendment bar to an award of retroactive damages against the commonwealth clearly establishes that any legal remedy is unavailable and that the only relief available is equitable

Kelley v. Singletary

222 F. Supp. 2d 1357 · District Court, S.D. Florida · Sep 19, 2002

Under the old law, a petition for a writ of habeas corpus cannot be granted unless Kelley can establish that he is being held in violation of the United States Constitution or the laws or treaties of the United States. 28 … Clearly, the jury was vitally interested in Sweet’s motivation for testifying as he did. If Sweet had nothing to gain from his testimony, his testimony would be more credible.

Miccosukee Tribe of Indians of Florida v. United States

730 F. Supp. 2d 1344 · District Court, S.D. Florida · Aug 11, 2010

has waived its immunity.” … Arthur Young & Co., 465 U.S. 805, 813-14 , 104 S.Ct. 1495 , 79 L.Ed.2d 826 (1984) (“[T]he Service therefore should not be required to establish that the documents it seeks are actually relevant in any technical, evidentiary

Corporate Financial, Inc. v. Principal Life Insurance

461 F. Supp. 2d 1274 · District Court, S.D. Florida · Nov 20, 2006

That these sentences establish conditions for the payment of commissions is clearly indicated by the use of “while.” … Statements by Kim Little to the Department of Insurance Principal Life argues that the statements made by Kim Little in her letters to the Department are not false and are' protected by qualified immunity.

Rincon v. Village of Palmetto Bay

District Court, S.D. Florida · Jun 8, 2022

The doctrine of qualified immunity completely protects the Officers if, during their encounter with Ethan, they acted within their discretionary authority and they did not violate Ethan’s “clearly established statutory … a clearly established constitutional right.

McLaughlin Ex Rel. McLaughlin v. Williams

801 F. Supp. 633 · District Court, S.D. Florida · Apr 2, 1992

All three experts agreed that such figures clearly render the liver transplant non-experimental, although it had originally been termed experimental. … The State has not disputed that Plaintiff is a qualified individual to whom these services must be provided pursuant to a plan. 3 .

Bridgewater v. Carnival Corp.

286 F.R.D. 636 · District Court, S.D. Florida · Sep 20, 2011

Opinion work product, on the other hand, “enjoys a nearly absolute immunity and can be discovered only in very rare and extraordinary circumstances.” Cox v. … However, while I find that the accident report is work product, it clearly is fact work product, as opposed to work product containing mental impressions.

Consulate General of Mexico v. Phillips

17 F. Supp. 2d 1318 · District Court, S.D. Florida · May 11, 1998

Therefore, the immunity extends to the Respondents. Immunity in actions against state officials is subject to the critical exception established in Ex-Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908). E. … I think we stated clearly, not merely as an observer, but as a participant and has standing here before the Court.

Celeste v. Sullivan

734 F. Supp. 1009 · District Court, S.D. Florida · Apr 3, 1990

In this case, Celeste has certainly established, and the government has failed to rebut, that he is a prevailing party in this action. … Once again, the defendant relies upon the strict construction given to waivers of sovereign immunity.

Whitaker v. Miami-Dade County

126 F. Supp. 3d 1313 · District Court, S.D. Florida · Feb 20, 2015

be liable in the absence of such immunity”) (internal quotations omitted). … However, the Eleventh Circuit then held that “[a] city’s decision regarding how to train its officers and what subject matter to include in the training is clearly an exercise of governmental discretion regarding fundamental

Scott v. City of Miami

District Court, S.D. Florida · Sep 15, 2022

Qualified Immunity. Both Motions argue that qualified immunity precludes Scott’s section 1983 claims (Counts One and Two). … The Complaint is not a shotgun pleading, and establishes neither federal qualified immunity nor state sovereign immunity for Defendants. For those reasons, the Motions [ECF Nos. 26, 27] are DENIED.

In Re Air Crash Near Cali, Colombia on December 20, 1995

959 F. Supp. 1529 · District Court, S.D. Florida · Feb 7, 1997

As noted above, the ASAP program contemplates that, at least in certain contexts, a pilot’s voluntary disclosure of minor, inadvertent FAR violations may immunize him from enforcement action that might otherwise be imposed … Other familiar privileges are described as qualified rather than absolute.

Naturist Society, Inc. v. Fillyaw

736 F. Supp. 1103 · District Court, S.D. Florida · May 4, 1990

The defendant Fillyaw has raised the affirmative defense of qualified immunity. Counts II, III, and IV seek an award of damages against him in his individual capacity. … The defendant’s motion for summary judgement as to the issue of Fillyaw’s qualified immunity is also well grounded.

Smith v. James

District Court, S.D. Florida · Nov 17, 2023

Specifically, this is an interlocutory appeal of the District Court’s denial of defendants’ request for qualified immunity, as presented in the Joint Motion. … clearly established and (2) whether the alleged acts violated that law.”

Gomez v. Lozano

759 F. Supp. 2d 1335 · District Court, S.D. Florida · Jan 21, 2011

Miami Beach Is Immune From Malicious Prosecution Claims Like many states, Florida has partially waived its sovereign immunity. But Florida has not waived its sovereign immunity for every tort. … Gomez argues that he “has clearly alleged that the City was on notice of the need to supervise its officers regarding all areas of police conduct during periods of increased tourism” [D.E. 102 at 3-4].

Tate v. Jane Doe

District Court, S.D. Florida · Jan 18, 2024

The Defendants assert four federal defenses relating to Liam Doe’s actions: official immunity, qualified immunity, federal supremacy immunity, and immunity under 28 U.S.C. § 2679. … “Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Smith v. United States Navy

573 F. Supp. 1361 · District Court, S.D. Florida · Oct 11, 1983

The Recruiting Command responded by stating that: The Navy Recruiting Command’s inquiry into the facts clearly establishes that the program was not available when Mr. Smith submitted his application. … Accordingly, this court finds that the physical qualifications established for the appointment of Reserves determine whether an applicant is “otherwise qualified” under the Act.

Lobegeiger v. Celebrity Cruises, Inc.

869 F. Supp. 2d 1356 · District Court, S.D. Florida · Apr 13, 2012

As previously stated, “[t]he Court does not agree that a cruise line can affirmatively hold shipboard doctors out to passengers as their agents and still remain immune from liability simply because of the traditional maritime … Laubscher’s file, there is no evidence suggesting she was not qualified to do so, or that a physician would have uncovered a problem she overlooked.

Suarez

District Court, S.D. Florida · Mar 23, 2026

Carollo’s Qualified Immunity Argument The Carollo Motion argues that even if the Complaint set forth a §1983 Retaliation claim, Carollo and Banos are entitled to qualified immunity as they … Carollo’s claim of entitlement to qualified immunity is denied. 2.

Zoghaib

District Court, S.D. Florida · Apr 8, 2026

According to BdL, denying immunity under FSIA establishes interlocutory appeal jurisdiction and BdL intends to raise the issue on appeal, should this Court deny its pending Motion to Dismiss. … City of Enter., 861 F.3d 1300, 1302 (11th Cir. 2017) (explaining that “district court orders that required the defendants, who had asserted qualified or sovereign immunity, to further litigate the underlying merits of the