Case law

Rabideau v. State

391 So. 2d 283 · District Court of Appeal of Florida · Dec 4, 1980

Certainly the legislature did not intend in one breath to establish this qualification and in the next to extinguish it. … Supp. 81 (N.D.Fla. 1948), said: The evidence in the case clearly established plaintiff's right to recover for the injuries suffered by him, if this court has jurisdiction of the suit.

Dunagan v. Seely

533 So. 2d 867 · District Court of Appeal of Florida · Oct 28, 1988

Yamuni, 529 So.2d 258 (Fla. 1988), in which the court considered the establishment in Commercial Carrier Corporation v. … There, the court determined that the case worker actions did not rise to the level of basic policy making decisions and thus did not qualify for immunity under the Commercial Carrier exception. Compare Durrance v.

Hastings v. Demming

682 So. 2d 1107 · District Court of Appeal of Florida · Jul 31, 1996

We concluded, instead, that the trial court had clearly indicated that there were unresolved issues of fact as to whether or not the appellant was entitled to such immunity. … In responding to a certified question, the court in Tucker held that an order denying a motion for summary judgment asserting the defense of qualified immunity to a federal civil rights claim brought in a Florida court was

State v. Caamano

105 So. 3d 18 · District Court of Appeal of Florida · Oct 26, 2012

Caamano moved to dismiss the charge, alleging immunity pursuant to section 776.05, Florida Statutes (2010), which provides qualified immunity for a law enforcement officer’s use of force in making an arrest. … In such a situation, the law at issue is not a clearly established principle of law.

Murray v. Rosati

929 So. 2d 1090 · District Court of Appeal of Florida · May 3, 2006

The general rule is that state actors are not subject to suit if they establish that they are entitled to absolute or qualified immunity. … immunity).

Dept. of Children and Families v. Feliciano

259 So. 3d 957 · District Court of Appeal of Florida · Nov 28, 2018

19  the qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted. … Well-settled Florida law clearly establishes that, as an inspecting agency who is not an owner or operator of the day care facility, DCF is sovereignly immune as a matter of law on the very face of Count IV of the amended

RONALD HIGHT, JR. v. STATE OF FLORIDA

253 So. 3d 1137 · District Court of Appeal of Florida · Aug 8, 2018

The trial court found that the evidence established that the victim was a “bully” and that appellant armed himself “because of on-going events with [the victim].” … Requiring the state to go forward with clear and convincing evidence after the defendant’s initial prima facie claim is clearly a “new legal burden.” See id.

Blake v. CITY OF PORT SAINT LUCIE

73 So. 3d 905 · District Court of Appeal of Florida · Nov 16, 2011

In Bates , a former employee sued a public official for defamation, arguing that the provisions of section 943.149(4), Florida Statutes (2008), qualified the absolute immunity otherwise afforded to a public official. … We affirmed, reasoning that “[sjection 943.139(4) fails to clearly abrogate, limit, or qualify the abso *907 lute immunity provided the [official] under common law.” Bates, 31 So.3d at 213 .

Gerard v. Department of Transportation

9 Fla. L. Weekly 1784 · District Court of Appeal of Florida · Aug 15, 1984

But a statutory waiver of sovereign immunity must be clearly expressed and strictly construed, see Rabideau v. State, 409 So.2d 1045 (Fla.1982); State ex rel. Division of Administration v. … Appellant further argues that the action below should be allowed to proceed so as to establish a predicate for a possible legislative claim request.

Southern Alliance Corp. v. City of Winter Haven

12 Fla. L. Weekly 830 · District Court of Appeal of Florida · Mar 18, 1987

Indian River County, 371 So.2d 1010 (Fla. 1979), the actions of the City were "clearly discretionary and policy making" and therefore, the City was immune from suit under the doctrine of sovereign immunity. … Further, in Gomez , the Supreme Court held that an official's qualified immunity was a defense that had to be pleaded. 446 U.S. at 640 , 100 S.Ct. at 1923.

STATE OF FLORIDA v. RODNEY CHAVERS

230 So. 3d 35 · District Court of Appeal of Florida · Nov 15, 2017

The State further argues that the evidence presented clearly establishes that in the moments leading up to the shooting, Chavers was either committing a felony (carrying a concealed firearm without a license) or a misdemeanor … to use deadly force if he or she satisfies the common-law duty to retreat; (2) the evidence showed that Chavers might have been openly carrying a firearm, merely a second- degree misdemeanor, which does not or should not qualify

Miami-Dade County v. Rodriguez

67 So. 3d 1213 · District Court of Appeal of Florida · Aug 31, 2011

clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … from suit than does a public official: [F]orcing the state to wait until a final judgment before appealing the issue of sovereign immunity does not present the same concerns that exist in the area of qualified immunity [

Love v. State

247 So. 3d 609 · District Court of Appeal of Florida · May 11, 2018

Subsection (4) of 776.032 then establishes the burden of proof to be applied at the pretrial immunity hearing where the person’s substantive right to Stand Your (Fla. 3d DCA 2014). … Bretherick was decisional law that established the procedures to use in pretrial immunity hearings in Stand Your Ground cases before June 9, 2017, because the Legislature had left this procedural gap. 3 We are cognizant of

Fariello v. Gavin

873 So. 2d 1243 · District Court of Appeal of Florida · May 28, 2004

Gavin and the Association moved to dismiss the complaint with prejudice asserting absolute and qualified immunity as the bases for the dismissal. … Once again, however, the affirmative defense of qualified immunity presents a fact intensive issue that should ordinarily not be resolved by a motion to dismiss. See Schreidell v.

Martinez Sr. v. Taurus International Manufacturing

251 So. 3d 328 · District Court of Appeal of Florida · Jul 25, 2018

Taurus’s Summary Judgment Burden Under this statutory framework, in order for Taurus to receive immunity under the Act, Taurus must establish that (i) appellants’ lawsuit constitutes a “qualified civil liability … Of course, for the trial court to make an immunity determination at the summary judgment stage, Taurus must establish the absence of any genuine issue of material fact as to each of these elements. Copeland v. Fla.

North Brevard County Hospital District D/B/A/ Parrish Medical Center v. Deligdish

District Court of Appeal of Florida · Dec 20, 2024

This places him beyond the established limits of the absolute immunity doctrine. … By not doing so, Hospital fails to carry its burden of showing that the trial court—by rejecting Hospital’s claim of absolute immunity as to Counsel—violated “a clearly established principle of law resulting in a miscarriage

Skf Management v. Unemployment Appeals

664 So. 2d 345 · District Court of Appeal of Florida · Dec 15, 1995

established by federal law or regulation. … Although conclusions of an agency that construes a statute with which the agency is charged to enforce are not immune from judicial review, great deference is accorded such determinations. Department of HRS v.

BRADEN WOODS HOMEOWNERS ASSOCIATION, INC. v. MAVARD TRADING, LTD

District Court of Appeal of Florida · Jun 21, 2019

Qualified Immunity "Qualified immunity protects government actors performing discretionary functions from liability and suit for civil damages unless their conduct violates clearly established federal statutory … relief, Fuller dealt with judicial immunity, not qualified immunity.

Keck v. Eminisor

46 So. 3d 1065 · District Court of Appeal of Florida · Oct 25, 2010

In Stephens , review by certiorari was undertaken upon claims of qualified and absolute immunity. The court addressed the necessity for immediate interlocutory review of immunity from suit as delineated in Tucker v. … Unlike the qualified immunity for the public official in Tucker , the petitioner’s claim of immunity is based on section 768.28, Florida Statutes.

Little v. State

111 So. 3d 214 · District Court of Appeal of Florida · Apr 10, 2013

We conclude that the plain language of sections 776.012, 776.013, and 776.032 can be understood as granting immunity to a person who qualifies under either section 776.012(1) or 776.013(3). … Section 776.012(1) provides another means of obtaining immunity for individuals who would not qualify for immunity under section 776.013(3).