§Why CasetextPricing

Plaintiff B et al v. Francis et al

RESPONSE in Opposition re MOTION for Summary Judgment As to Counts I, III, IV and V of the Amended Complaint

19 Cited authorities

  1. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,113 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  2. Fitzpatrick v. City of Atlanta

    2 F.3d 1112 (11th Cir. 1993)   Cited 2,547 times   1 Legal Analyses
    Holding that protecting employees from workplace hazards is a “business necessity” under Title VII

  3. United States v. Satterfield

    743 F.2d 827 (11th Cir. 1984)   Cited 257 times   1 Legal Analyses
    Holding that inclusion of co-defendant's statement did not violate Confrontation Clause since it did not specifically name the other defendants or describe them in such a manner that the jury would connect them to the statement

  4. Matter of Raiford

    695 F.2d 521 (11th Cir. 1983)   Cited 119 times
    Finding defendant had sufficient incentive to litigate

  5. Starr Tyme, Inc. v. Cohen

    659 So. 2d 1064 (Fla. 1995)   Cited 48 times
    Recognizing that Romano was superseded as to criminal judgments by Florida Statutes chapter 772.14

  6. U.S. v. Kemmerling

    285 F.3d 644 (8th Cir. 2002)   Cited 33 times
    Finding image elicited a sexual response when it was not designed “for instance, simply to provide a clinical view of the portions of the children's anatomy”

  7. Tilton v. Playboy Entert. Group

    554 F.3d 1371 (11th Cir. 2009)   Cited 13 times
    Observing that " ‘[p]urpose’ refers to the desire that a particular result will occur"

  8. Breitfeller v. Playboy Entertainment Group

    Case No. 8:05-cv-405-T-30TGW (M.D. Fla. Aug. 30, 2005)

    Case No. 8:05-cv-405-T-30TGW. August 30, 2005 ORDER JAMES MOODY Jr., District Judge THIS CAUSE comes before the Court upon the following: Defendant Anheuser-Busch's Motion to Dismiss (Dkt. #18); Defendant Deslin Hotel's Motion to Dismiss and Alternative Motion to Strike (Dkt. #20); Playboy Defendants' Motion to Strike (Dkt. #29); Playboy Defendants' Motion to Dismiss (Dkt. #30); Defendants Directv and Time Warner Cable's Motion to Dismiss (Dkt 32); Defendant Cox Communication's Motion to Dismiss

  9. Balas v. Ruzzo

    703 So. 2d 1076 (Fla. Dist. Ct. App. 1997)   Cited 4 times
    Noting that section 796.09 was "designed to encourage prostitutes to sue their pimps" and that it "provides a person with a civil cause of action for compensatory and punitive damages against anyone who coerces that person into prostitution, who coerces that person to remain in prostitution, or who uses coercion to collect or receive any part of that person's earnings derived from prostitution."

  10. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,994 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  11. Section 2251 - Sexual exploitation of children

    18 U.S.C. § 2251   Cited 4,699 times   40 Legal Analyses
    Relating to child pornography

  12. Section 2256 - Definitions for chapter

    18 U.S.C. § 2256   Cited 2,144 times   7 Legal Analyses
    Defining "producing" "[f]or the purposes of this chapter," including §§ 2251 and 2252A

  13. Section 1461 - Mailing obscene or crime-inciting matter

    18 U.S.C. § 1461   Cited 421 times   9 Legal Analyses
    Mailing obscene matter

  14. Section 1462 - Importation or transportation of obscene matters

    18 U.S.C. § 1462   Cited 293 times   3 Legal Analyses
    Prohibiting the importation or transportation in interstate commerce of, inter alia , "any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character"

  15. Section 827.071 - Sexual performance by a child; child pornography; penalties

    Fla. Stat. § 827.071   Cited 188 times
    Making it a felony to unlawfully possess material known to include sexual conduct by a child

  16. Section 772.104 - Civil cause of action

    Fla. Stat. § 772.104   Cited 121 times
    Providing a civil cause of action for violations of Florida's Criminal Practices Act

  17. Section 2257 - Record keeping requirements

    18 U.S.C. § 2257   Cited 108 times   2 Legal Analyses
    Requiring producers to "ascertain ... the performer’s name and date of birth"

  18. Section 772.14 - Estoppel of defendant

    Fla. Stat. § 772.14   Cited 14 times

    A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a civil cause of action under this chapter, or in any criminal proceeding under chapter 895, shall estop the defendant in any action brought pursuant to this chapter as to all matters as to which such judgment or decree would be an estoppel as if the plaintiff had been a party in the criminal action. Fla. Stat. § 772.14 s. 3, ch. 86-277.

  19. Section 796.09 - Coercion; civil cause of action; evidence; defenses; attorney's fees

    Fla. Stat. § 796.09   Cited 6 times

    (1) A person has a cause of action for compensatory and punitive damages against: (a) A person who coerced that person into prostitution; (b) A person who coerces that person to remain in prostitution; or (c) A person who uses coercion to collect or receive any part of that person's earnings derived from prostitution. (2) As used in this section, the term "prostitution" has the same meaning as in s. 796.07. (3) As used in this section, the term "coercion" means any practice of domination, restraint