Case law

Card v. Dugger

709 F. Supp. 1098 · District Court, M.D. Florida · Jun 17, 1988

Defendant Dugger asserts that he is entitled to qualified immunity against Plaintiff’s claim for monetary damages. … Plaintiff contends that it was clearly established law in 1986 that all inmates be afforded a reasonable opportunity of pursuing their faith and that Defendant Dugger should not be permitted to claim qualified immunity for

Clemons v. Hardee County School Board

848 F. Supp. 1535 · District Court, M.D. Florida · Apr 4, 1994

Good Faith Immunity Defendants Burns and Gibbs assert qualified immunity based on their good faith effort in performance of their official acts within the Hardee School Board. … Unless Defendants acted in good faith and followed established School Board policy, they do not qualify for immunity.

MS Ex Rel. Soltys v. SEMINOLE COUNTY SCHOOL BD.

636 F. Supp. 2d 1317 · District Court, M.D. Florida · Jul 10, 2009

duties have the benefit of qualified immunity when sued in their individual capacities so long as their conduct does not violate any clearly established statutory or constitutional rights known to a reasonable person. … Whether the Law Was Clearly Established The right to be free from excessive and arbitrary corporal punishment in a school context is clearly established under the precedent of the U.S.

Driesse v. Florida Board of Regents

26 F. Supp. 2d 1328 · District Court, M.D. Florida · Oct 7, 1998

Therefore, Congress did not clearly express an intention to abrogate immunity in the FMLA and plaintiffs claim against the defendant is barred by the Eleventh Amendment. … order to qualify for relief under the ADA, the plaintiff must establish a prima facie case of discrimination by demonstrating that “(1) he has a disability; (2) he is a qualified individual; and (3) he was subjected to unlawful

Montanez v. Carvajal

224 F. Supp. 3d 1274 · District Court, M.D. Florida · Dec 19, 2016

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … And because they assert qualified immunity, Defendants need only establish arguable reasonable suspicion to escape civil liability. See Jackson, 206 F.3d at 1165-66.

Cancela v. Judd

District Court, M.D. Florida · Sep 12, 2024

Also, because at the very least the facts and circumstances in the arrest affidavit demonstrate arguable probable cause, Deputy Jones is entitled to qualified immunity. … If the arresting officer had arguable probable cause to arrest for any offense, qualified immunity will apply.”) (citations omitted).

Johnson v. Colgate

687 F. Supp. 573 · District Court, M.D. Florida · Jun 15, 1988

In the context of determining qualified immunity, the very act in question need not have been previously held unlawful. … The final issue is whether or not Deputy Colgate is entitled to qualified (“good faith”) immunity in this cause.

Graddy v. City of Tampa

996 F. Supp. 2d 1193 · District Court, M.D. Florida · Jan 23, 2014

As one court has explained: A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement … Accordingly, the Court concludes that the officers are entitled to qualified immunity with respect to Plaintiffs excessive force claim, because it was not clearly established on November 6, 2008 that the tasing that occurred

Spradley v. Martin

897 F. Supp. 560 · District Court, M.D. Florida · Aug 21, 1995

Qualifíed Immunity Further, even if the application of the established state procedure did result in a constitutional violation, Defendants Glover and Roberts are entitled to qualified immunity. … Whether an official is entitled to qualified immunity depends upon whether, in taking the challenged action, they violate clearly established rights of which a reasonable person would have known. Anderson v.

Rowe v. Board of Trustees for the Florida School for the Deaf & Blind

70 F. Supp. 2d 1283 · District Court, M.D. Florida · Dec 15, 1998

Plaintiffs ADA claim must thus fail. 5 Plaintiffs Equal Protection Claim Against Dawson Cannot Overcome his Qualified Immunity Defendant Dawson relies primarily on the defense of qualified immunity to Plaintiffs claims that … immunity, as noted above regarding Defendant Dawson, Plaintiff has the burden of showing that the defendant violated clearly established constitutional rights.

Capshaw v. Thomas

District Court, M.D. Florida · Jul 1, 2024

immunity. … [defendant] was entitled to qualified immunity as to the claims against him in his individual capacity.”).

American Humanist Ass'n v. City of Ocala

127 F. Supp. 3d 1265 · District Court, M.D. Florida · Aug 31, 2015

qualified immunity analysis for the individual defendants. … Qualified immunity offers complete protection for individual government officials performing discretionary functions “insofar, as their conduct does not violate clearly established statutory or constitutional rights of which

Omar Ex Rel. Cannon v. Lindsey

328 F. Supp. 2d 1287 · District Court, M.D. Florida · Jul 30, 2004

Thus, the crucial fact Plaintiff must establish at trial, and this issue *1294 will be addressed when the Court examines the pending motions for summary-judgment on the ground of qualified immunity, is that Defendants exercised … Again, because the question of Defendants' intent is dispositive of the qualified immunity issue, the Court will examine Defendants’ state of mind when it addresses the pending qualified immunity motions. 6 .

Oniasse v. Hernandez

352 F. Supp. 3d 1186 · District Court, M.D. Florida · Dec 3, 2018

"clearly established statutory or constitutional rights of which a reasonable person would have known." … Viewing the facts in Pastor Oniasse's favor, the Court concludes that Deputy Hernandez is not entitled to qualified immunity for the false arrest/detention claim but is entitled to qualified immunity for the excessive force

Andre v. Castor

963 F. Supp. 1158 · District Court, M.D. Florida · Mar 27, 1997

Andre responds that this allegation is sufficient, even under a heightened standard, because it puts these defendants on notice that they assisted conduct alleged to be in violation of clearly established constitutional law … Qualified Immunity. As to this key issue, the Court has reviewed the arguments of counsel, both oral and written, and the relevant case law.

Adams v. James

797 F. Supp. 940 · District Court, M.D. Florida · Jun 18, 1992

Evans, 922 F.2d 712, 718 (1991), in determining whether the defense of qualified immunity is available, the District Court must ... determine whether the allegedly violated right was clearly established, and then to determine … Therefore, Plaintiffs would be entitled to qualified immunity on this issue. B.

Hartman v. Correctional Medical Services, Inc.

960 F. Supp. 1577 · District Court, M.D. Florida · Dec 30, 1996

In these motions, the defendants raise the defense of qualified immunity. The Court has carefully reviewed the submissions of the parties. … immunity as a defense to liability.

Van Poyck v. Dugger

779 F. Supp. 571 · District Court, M.D. Florida · Oct 8, 1991

QUALIFIED IMMUNITY “Qualified immunity shields government officials executing discretionary responsibilities from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights … The Court concludes, therefore, that the law was clearly established at the time Plaintiff was denied his request to have Ms. Chisholm on his visitors list, and Defendants are not entitled to qualified immunity.

Bischoff v. Florida

242 F. Supp. 2d 1226 · District Court, M.D. Florida · Jan 3, 2003

The parties conceded at oral argument that no sovereign immunity or qualified immunity issues remained. The State of Florida and Mr. … The parties clearly conceded at oral argument that there were no sovereign or qualified immunity issues to be settled during oral argument.

Cushman v. City of Largo

District Court, M.D. Florida · Sep 4, 2020

To overcome a qualified immunity defense, a plaintiff must establish (1) the allegations make out a violation of a constitutional right; and (2) if so, the constitutional right was clearly established at the time of the … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.