Case law

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.

Smith v. Rainey

747 F. Supp. 2d 1327 · District Court, M.D. Florida · Sep 30, 2010

To establish a prima facie case under the ADA, the plaintiff must show: (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of a public entity … Even if a complaint contains adequate allegations establishing tort liability for a private person, under section 768.28, “discretionary policy-making or planning activities of governmental entities remain immune from tort

Purvis Ex Rel. Estate of Logan v. City of Orlando

273 F. Supp. 2d 1321 · District Court, M.D. Florida · Jul 29, 2003

CONCLUSION Because Plaintiff has not stated any constitutional violations, the Court is not obligated to discuss qualified immunity. … Second, Plaintiff must cite controlling authority 2 when arguing that Reeve objectively violated clearly established law. See id.

Woodard v. City of Gulfport

54 F. Supp. 2d 1305 · District Court, M.D. Florida · Jul 1, 1999

In his motion to dismiss, Defendant Wil-loeks raises the defense of qualified immunity. … Defendant Willoeks further asserts that an individual defendant is entitled to qualified immunity at this stage in the proceedings if Plaintiffs Complaint fails to allege the violation of a clearly established constitutional

Tedder v. Pride Enterprises Incorporated, Corporate Office

District Court, M.D. Florida · Mar 1, 2021

that qualified immunity is inappropriate. … Thus, to defeat qualified immunity with respect to these Defendants, Tedder must show both that Defendants committed a constitutional violation, and that the constitutional right violated was clearly

In re Grand Jury Proceedings

73 F.R.D. 647 · District Court, M.D. Florida · Feb 18, 1977

Consequently, the motion to quash the three subpoenas duces tecum on the ground of Fifth Amendment immunity must be denied. 2. … It is a qualified privilege of immunity from discovery during litigation. Duplan Corp. v. Deering Milliken, Inc., 61 F.R.D. 127, 130 (D.S.C.1973); Arney v. Geo. A. Hormel & Co., 53 F.R.D. 179, 180-81 (D.Minn.1971).

Jerelds v. City of Orlando

194 F. Supp. 2d 1305 · District Court, M.D. Florida · Mar 27, 2002

It is well-settled that a municipal official performing a discretionary function enjoys qualified immunity from civil liability if his conduct violates no clearly established right of which a reasonable person would have … Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal rights alleged to have been violated were clearly established rights. See Barts v.

Central Florida Clinic for Rehabilitation, Inc. v. Citrus County Hospital Board

738 F. Supp. 459 · District Court, M.D. Florida · Jan 9, 1989

To establish state action immunity under the relevant legal standard, a subdivision of a state must establish only that the challenged conduct was part of a clearly articulated and affirmatively expressed state policy. … The question presented to the Supreme Court in Town of Hattie was “how clearly a state policy must be articulated for a municipality to be able to establish that its anticompetitive activity constitutes state action.” 471

Cosby v. Lee County

55 F. Supp. 3d 1393 · District Court, M.D. Florida · Sep 24, 2014

The Defendants further argue that Barden, Valenti, and Salyer are entitled to absolute immunity or in the alternative entitled to qualified immunity. … In this instance,- factor number two (2) clearly favors a finding of absolute immunity.

Howland v. Hertz Corp.

431 F. Supp. 2d 1238 · District Court, M.D. Florida · May 3, 2006

Qualiñcation as a “Foreign State” Defendant contends that it qualifies as an entity entitled to sovereign immunity under the FSIA. … She clearly stated that they rented the ear to go sightseeing. (Doc. No. 8-5 at 4 ¶ 9). At the time of the accident she stated that they were driving around downtown and near the airport.

Rodriguez v. City of Clermont

681 F. Supp. 2d 1313 · District Court, M.D. Florida · Dec 31, 2009

Radi contends that he is entitled to qualified immunity, and that summary judgment should be entered in his favor. … To establish qualified immunity, a government official must first show that he was engaged in a “discretionary function” when he committed the allegedly unlawful acts. Holloman ex rel. Holloman v.

Kubany ex rel. Kubany v. School Board

818 F. Supp. 1504 · District Court, M.D. Florida · Apr 13, 1993

Section 1983 ; however, they enjoy qualified immunity if they have acted in good faith in carrying out their duties. Kentucky v. Graham, 473 U.S. 159, 166-67 , 105 S.Ct. 3099, 3105-06 , 87 L.Ed.2d 114 (1985). … immunity at this stage of the proceedings.

Fletcher v. State of Fla.

858 F. Supp. 169 · District Court, M.D. Florida · Jul 1, 1994

“Once a complaint against a defendant state legislator, judge, or prosecutor (or similar officer) adequately raises the likely issue of immunity — qualified or absolute — the district court should on its own require of the … The defendants HRS employees raise a defense of absolute or qualified immunity and ask for a more definite statement which is granted.

Lussier v. STATE OF FLA., DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

972 F. Supp. 1412 · District Court, M.D. Florida · Jul 21, 1997

First, a state may be sued in federal court when it has clearly and unequivocally waived the immunity conferred to it by the Eleventh Amendment. Atascadero State Hosp. v. … The Plaintiff argues that the last phrase of the statute clearly establishes that the $ 15 assessment is a regulatory fee.

McMahon Ex Rel. Estate of McMahon v. Presidential Airways, Inc.

460 F. Supp. 2d 1315 · District Court, M.D. Florida · Sep 27, 2006

Neneman, 884 F.2d 1350, 1351 (10th Cir.1989) (“The immunity established in Feres attaches only when an action has been brought against the government under the Federal Tort Claims Act.”). … Unless they qualify as employees or agents of the Government, private contractors may not bootstrap the Government’s sovereign immunity.

Mugford

District Court, M.D. Florida · Aug 27, 2026

“When qualified immunity is asserted in the context of a motion to dismiss, [courts] look to the pleadings to see if the plaintiff has successfully alleged the violation of a clearly established right.” O’Rourke v. … Here, the qualified immunity analysis begins—and ends— with whether the alleged constitutional violation was contrary to clearly established law.

Corbin v. Prummell, Jr.

District Court, M.D. Florida · Jul 1, 2025

The qualified immunity general principles are well- established. … be entitled to qualified immunity.”

Reilly v. The School District of Lee County, Florida

District Court, M.D. Florida · Oct 2, 2024

establish the law for qualified immunity purposes. … Moving on to prong two of the qualified immunity analysis, Plaintiffs bear the burden to “establish that the [D]efendant[s] violated clearly established law.” Harbert Int’l v.

Ruiz-Zaragoza v. Kruse

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

denial of summary judgment based on qualified immunity.” … 3 For purposes of qualified immunity in this District, only decisions of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law.

Jones v. Edguardo A. Consuegra's Estate

338 F. Supp. 2d 1282 · District Court, M.D. Florida · Sep 22, 2004

Qualified Immunity Defendant Radi contends that he is entitled to qualified immunity from damages. The Eleventh Circuit has reviewed the qualified immunity principles. … The Supreme Court has established a two-part test to determine the applicability of qualified immunity.