Case law

Evans v. Hyppolite

District Court, S.D. Florida · Mar 7, 2023

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … With no Eighth Amendment violation, the Defendants are entitled to qualified immunity and Claim Four is thus dismissed. 4.

Ruiz v. Robinson

892 F. Supp. 2d 1321 · District Court, S.D. Florida · Aug 31, 2012

This Court also has jurisdiction pursuant to 28 U.S.C. § 1343 because this action seeks to redress the deprivation “of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress … To establish residency for tuition purposes, “[a] person or, if that person is a depen *1326 dent child, his or her parent or parents must have established legal residence in this state and must have maintained legal residence

Hodgson v. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA

346 F. Supp. 132 · District Court, S.D. Florida · Jul 19, 1972

Were the Quaker Oats furfurol plant to close or if it did not exist, the plaintiff has conceded that these workers would clearly come within these exemptions. … Both the West Indian laborers and those West Indians who act as camp cooks and attendants are paid a wage established by the Secretary of Agriculture, under the Sugar Act, which is higher than the agricultural wage as established

Nieves v. Metropolitan Dade County

598 F. Supp. 955 · District Court, S.D. Florida · Dec 6, 1984

To establish a prima facie case of disparate treatment, the Plaintiff must demonstrate (1) that he is a member of a protected class; (2) that he applied for an available position; (3) for which he was qualified; and (4) that … The statistical evidence in this case clearly indicates that Jakobsche harbors no innate prejudice against Hispanics.

Vickers v. Federal Express Corp.

132 F. Supp. 2d 1371 · District Court, S.D. Florida · Oct 26, 2000

However, in order to establish a prima facie case of discrimination he must also demonstrate that he was qualified to perform his job and either he was replaced by someone outside his protected class, ur a that similarly … The record, however, clearly reflects that after the counseling Plaintiff continued to record false entries.

Carnahan

District Court, S.D. Florida · Nov 14, 2025

As to the Individual Defendants, they argue that no Bivens5 remedy is available here, they are entitled to absolute or qualified immunity, and that Plaintiff’s claims are barred by a District of Columbia statute of limitations … Given that Plaintiff’s claims fail on the merits, the Court need not address Defendants’ arguments regarding absolute and qualified immunity for the Individual Defendants, see Butz v.

United States v. Willens

731 F. Supp. 1579 · District Court, S.D. Florida · Mar 5, 1990

The Court found that Plaintiff failed to establish what security regulations were in effect on the day of the incident. … This is clearly a case which warrants an award of attorney’s fees to the Defendant.

Movimiento Democracia, Inc. v. Johnson

193 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 28, 2016

Additionally, the Coast Guard establishes, maintains, and operates aids to maritime navigation. Id. § 81(1). … The burden is on the “next friend” clearly to establish the propriety of his status and thereby justify the jurisdiction of the court. Whitmore, 495 U.S. at 163 , 110 S.Ct. 1717 (internal citations omitted).

Peightal v. Metropolitan Dade County

815 F. Supp. 1454 · District Court, S.D. Florida · Feb 24, 1993

Where plans establish quotas, the quotas must be tied to some injury suffered by the minority to be benefitted.”). … Peightal also attacked the Fire Department’s statistical proffer on the grounds that it fails to consider the effects of the dramatic influx of immigrants into Dade County in the *1465 late 1970s and early 1980s. 9 Clearly

Floreal v. State Attorney

District Court, S.D. Florida · Sep 22, 2020

A prosecutor is not entitled to absolute immunity for fabricating evidence, as investigating and gathering evidence falls outside the prosecutorial function, though he may be entitled to qualified immunity for such … These actions are clearly within the realm of initiating prosecution for which he is immune from suit. IV.

Creedle v. Miami-Dade Cnty.

349 F. Supp. 3d 1276 · District Court, S.D. Florida · Nov 9, 2018

Martinez moved to dismiss on the grounds that: (1) Bivens does not apply in the context of a wrongful immigration detainer issued by an immigration officer, and; (2) Martinez is entitled to qualified immunity. … Creedle has failed to state a claim against Martinez, the Court need not address Martinez's argument that he is immune from any such claims based on qualified immunity. IV.

Ulloa v. American Express Travel Related Services Co.

822 F. Supp. 1566 · District Court, S.D. Florida · May 25, 1993

In McDonnell Douglas, the Supreme Court held that a plaintiff establishes a prima facie case of discrimination by demonstrating: (1) membership in a protected class; (2) that she was qualified for the position; (3) that she … It is undisputed that Ulloa was pregnant, was qualified for the position, and was terminated.

Waters v. City of Sunrise

District Court, S.D. Florida · Apr 3, 2022

that Defendant is not entitled to qualified immunity. … Plaintiff also raises arguments related to qualified immunity, which are inapplicable here. See id. at 5-7.

Mathis v. United States (In Re Mathis)

249 B.R. 324 · District Court, S.D. Florida · May 22, 2000

Findings of fact shall not be set aside unless clearly erroneous.” Bankr.R. 8013. Conclusions of law are subject to de novo review. See In re General Dev. … The evidence, however, establishes without dispute that he cooperated fully with the IRS by disclosing all necessary information to permit the preparation of Forms 4549 for the missing years.

Pennant v. Convergys Corp.

368 F. Supp. 2d 1307 · District Court, S.D. Florida · Mar 31, 2005

The plaintiff clearly responded that there has only been “an occasion or two” when the hours on his paycheck were incorrect, and that in “most cases” the discrepancy was identified by the plaintiff and corrected. … Thus, he does not qualify for benefits of the FMLA because he did not work the 1,250 hours required by law. D.

Bounce v. City of Miami Beach

District Court, S.D. Florida · Mar 6, 2025

Factual detail in the pleadings is particularly necessary in cases involving qualified immunity, where the Court must determine whether a defendant’s actions violated a clearly established right. … Plaintiff must clearly write the name of each Defendant who is a party to this action and specify which Defendant is responsible for each act or omission that forms the basis of his claims.

Zurich International France v. P & O Containers Ltd.

99 F. Supp. 2d 1354 · District Court, S.D. Florida · Feb 17, 1999

In the instant case, the smaller number of containers or pallets (42) is clearly indicated as the number of “packages.” … The issue then turns on whether this “UNIT TOTALS” description of “2268 CARTONS” qualifies as a sufficient indication of the number of packages under COGSA.

United States v. 2,507 Live Canary Winged Parakeets

689 F. Supp. 1106 · District Court, S.D. Florida · May 17, 1988

After being qualified as an expert on the range and habitat of the brotogeris versicolorus, Dr. … Moreover, the statute clearly expresses the legislative intent.

Pacemaker Monitor Corp. v. United States Government

440 F. Supp. 473 · District Court, S.D. Florida · Oct 26, 1977

There exists a presumption of judicial reviewability of federal agency action unless Congress has asserted ‘clearly and convincingly’ to the contrary. … Where agency action is challenged on due process grounds, it is ‘immune from judicial review, if ever, only by the plainest manifestation of congressional intent to that effect.’

Wechsler v. Carrington

214 F. Supp. 2d 1348 · District Court, S.D. Florida · Aug 1, 2002

In support of his argument that The Courts condominium qualifies as his homestead, the defendant relies primarily on Semple v. … The defendant overlooks highly relevant language from Semple , which goes to the crux of this case: Where it is clearly the manifest intention of the owner to occupy the premises immediately as a home, and this intention