Case law

Bonett v. Gualtieri

District Court, M.D. Florida · Dec 29, 2022

denial of summary judgment based on qualified immunity.” … was clearly established at the time of Cook’s alleged misconduct.

Roe v. Fryer

District Court, M.D. Florida · Oct 25, 2024

that they violated a clearly established constitutional right. … the qualified immunity privilege, even in the absence of case law.

Lawrenz v. James

852 F. Supp. 986 · District Court, M.D. Florida · Apr 6, 1994

Thus, if the applicable law was not clearly established, or if the law was clearly established and Defendant James did not violate that law in terminating Plaintiff, he is entitled to qualified immunity. … CONCLUSION Defendant James is entitled to qualified immunity because he did not violate clearly established law in terminating Plaintiff.

CYBER ZONE E-CAFE, INC. v. King

782 F. Supp. 2d 1331 · District Court, M.D. Florida · Mar 22, 2011

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established in April 2010 that the Plaintiffs’ arrest and seizure was unlawful, Defendant King is entitled to qualified immunity, and all claims against him in his individual capacity shall

D'AGUANNO v. Gallagher

827 F. Supp. 1558 · District Court, M.D. Florida · Aug 9, 1993

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights of … Thus, defendants are entitled to qualified immunity from suit on Count III because they did not violate clearly established law. 4. The Right to Equal Protection Under the Law.

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481 · District Court, M.D. Florida · Feb 3, 1997

Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Mitchell v. … In this case, the Court finds that Roberts and Wallace are entitled to dismissal on the basis of qualified immunity because the law is not so “clearly established” in such a “concrete and factually defined context” to make

Ermini v. Scott

249 F. Supp. 3d 1253 · District Court, M.D. Florida · Apr 6, 2017

Even if shooting plaintiff was a violation of the Fourth Amendment, Deputy Hamer is entitled to qualified immunity unless plaintiff establishes that Deputy Hamer violated a constitutional right that was “clearly established … The Fourth Amendment right was not clearly established in the specific context of this case. Therefore, even if plaintiffs Fourth Amendment right was violated, Deputy Hamer is entitled to qualified immunity. D.

Pohto v. Leiser

738 F. Supp. 474 · District Court, M.D. Florida · Jun 5, 1990

DEFENDANT LEISER’S MOTION ON QUALIFIED IMMUNITY GROUNDS “A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established … In light of this Court’s aforementioned analysis of qualified immunity, this Court recognizes that, similar to Defendant Leiser, these board members violated no clearly established constitutional law.

Wilson v. Zellner

200 F. Supp. 2d 1356 · District Court, M.D. Florida · Mar 26, 2002

immunity because Plaintiff has failed to establish that the alleged constitutional right was clearly established at the time of Zellner’s actions. … Under this prong of the qualified immunity analysis the issue is whether it was clearly established at the time of Defendant Zellner’s actions that it was unlawful for a prison official to detain a prisoner for a period of

Trammell v. Thomason

559 F. Supp. 2d 1281 · District Court, M.D. Florida · Jun 3, 2008

“In this Circuit, the law can be “clearly established” for qualified immunity purposes only by decisions from the U.S. … Thus, the Court turns to the next sequential step in a qualified immunity analysis, which is to determine whether the right was “clearly established.” Was the right clearly established?

Frias v. Demings

823 F. Supp. 2d 1279 · District Court, M.D. Florida · Oct 14, 2011

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability as long as their conduct does not violate “clearly established statutory or constitutional rights … The second step in determining whether qualified immunity applies is whether the law was “clearly established.” Gonzalez, 325 F.3d at 1234 .

Kubany v. School Board of Pinellas County

839 F. Supp. 1544 · District Court, M.D. Florida · Nov 20, 1993

QUALIFIED IMMUNITY. … Unless the state of the law was so well established that a reasonable official should have been on notice that his or her chai-' lenged conduct was unlawful, that official is entitled to qualified immunity. -.Id.

Riebsame v. Prince

267 F. Supp. 2d 1225 · District Court, M.D. Florida · May 9, 2003

Deputy Prince is entitled to qualified immunity from Count III of Rieb-same’s complaint. Riebsame has not shown that Deputy Prince violated any clearly-established constitutional or statutory law. … Riebsame has not proved that Sheriff Williams violated any clearly-established constitutional or statutory right. No genuine issue of material fact remains as to Sheriff Williams’ qualified immunity. D.

Sanguinetti

District Court, M.D. Florida · Feb 20, 2026

right was clearly established at the time of the misconduct. … This claim is barred by qualified immunity.

Milward v. Shaheen

148 F. Supp. 3d 1341 · District Court, M.D. Florida · Oct 29, 2015

Qualified Immunity Qualified immunity protects municipal officers from liability in § 1983 actions as long as their conduct does- not violate clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009)); A right may be clearly established for the purposes of qualified immunity in one of three ways: “1) case law with indistinguishable facts clearly establishing

Howard v. Wilkinson

305 F. Supp. 3d 1327 · District Court, M.D. Florida · Apr 2, 2018

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 … The Plaintiffs have met their burden of establishing that the Officer Defendants are not entitled to qualified immunity. 3.

Muszik v. Town of Redington Shores, Florida

District Court, M.D. Florida · May 20, 2024

Callahan, 55 U.S. 223, 236 (2009) (courts considering qualified immunity are permitted to address whether a constitutional right is clearly established before determining whether it was violated). … A plaintiff seeking to meet her burden under the second step of the qualified immunity analysis can demonstrate that a right or law was clearly established in three ways. See, e.g., Loftus v.

Harris v. District Board of Trustees of Polk Community College

9 F. Supp. 2d 1319 · District Court, M.D. Florida · Jun 18, 1998

The Eleventh Circuit Court of Appeals affirmed this Court’s ruling on the law enforcement officer defendants, saying that they were not entitled- to qualified immunity because “their conduct violated clearly established law … The Circuit Court of Appeals granted qualified immunity to the university officials in Andre because the plaintiff did not allege that they violated any clearly established law. Id. at 6.

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195 · District Court, M.D. Florida · May 25, 2005

the clearly established right to work. 42 Plaintiff then cites Harlow v. … Qualified immunity’s protection exists as long as the official’s conduct violates no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Brown v. Ridgway

845 F. Supp. 2d 1273 · District Court, M.D. Florida · Feb 29, 2012

“Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id. … See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (“Qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a clearly established