Case law

Wendel v. Florida Department of Highway Safety & Motor Vehicles

80 F. Supp. 3d 1297 · District Court, M.D. Florida · Jan 21, 2015

To state a claim under Title II of the ADA, Plaintiff must allege: (1) that he is a qualified individual with a disability; (2) that he was excluded from participation in or denied the benefits of the services, programs, … [does] not go so far as to require public entities to impose on private establishments, as a condition of licensure, a requirement that they don’t discriminate”); Reeves v.

Harden

District Court, M.D. Florida · Jun 8, 2026

) (1) Qualified Immunity Principles The qualified immunity principles are well-established. … Plaintiff can show the law was “clearly established” in any of three ways: (1) identifying a qualifying case with indistinguishable facts;15 (2) relying on a broader, clearly established

Parent Ex Rel. Student v. OSCEOLA COUNTY SCHOOL

59 F. Supp. 2d 1243 · District Court, M.D. Florida · Jun 21, 1999

Qualified Immunity The defense of qualified immunity further insulates Paradiso and Collins from the plaintiffs' § 1983 claims. … To overcome the qualified immunity defense, a plaintiff must show that the official's "conduct violates a clearly established statutory or constitutional right of which a reasonable person would have known."

Holland v. Mundella

District Court, M.D. Florida · Feb 26, 2025

Qualified Immunity “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional … And controlling precedent clearly establishes the illegality of Mundella’s alleged conduct.

Potter

District Court, M.D. Florida · Jan 30, 2026

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action.” … In the Eleventh Circuit, qualified immunity is generally unavailable in cases alleging Eighth Amendment excessive force because the use of force maliciously and sadistically to cause harm is clearly established

Berry v. Smith

District Court, M.D. Florida · Jul 31, 2025

Qualified Immunity The general principles of qualified immunity are well- established. … Qualified immunity shields government officials from liability for torts committed in the course of discretionary duties, unless the conduct violates clearly established statutory or constitutional

ANDREW BRYANT SHEETS v. TONY PRIBBLE, in personal and professional capacity; LINDA ARMSTRONG, in personal and professional capacity; JULIE SEARGENT, in personal and professional capacity; ROBERT CESTARO, in personal and professional capacity; AND HECTOR FLORES, in personal and professional capacity

District Court, M.D. Florida · Jul 24, 2026

This leaves the issue of qualified immunity. Qualified immunity is a question of law which may be asserted in a Rule 12(b)(6) motion to dismiss. See Smith ex rel. Smith v. … The Court has twice before considered Sheets’ claims and the issue of qualified immunity.

Dalton

District Court, M.D. Florida · Mar 17, 2026

“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 of principle within … Blitz is entitled to qualified immunity as to Count I because it “fails to allege the violation of a clearly established constitutional right.”

Fields v. Chatmon

District Court, M.D. Florida · Aug 7, 2025

“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 of principle within … Ordinarily, “it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established  

Dalton v. City of Largo

District Court, M.D. Florida · Sep 11, 2025

“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 of principle … Ordinarily, “it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’”

Thampi v. Collier County Board of Commissioners

510 F. Supp. 2d 838 · District Court, M.D. Florida · Mar 5, 2007

Defendants Mudd and DeLony assert that they are entitled to summary judgment based upon qualified immunity. (Docs.# 303, 305.) Qualified immunity principles were summarized in Dalrymple v. … Once the government official has established that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.

Bonati v. State of Florida Agency for Health Care Administration

District Court, M.D. Florida · Dec 4, 2024

was clearly established at the time of the challenged action.” … The plaintiff’s two-step burden can be considered in either order, and “an official is entitled to qualified immunity if the plaintiff fails to establish either.” Jarrard v.

Heard v. Hughes

District Court, M.D. Florida · Aug 20, 2025

Hughes also raises Eleventh Amendment immunity and qualified immunity. A. … Qualified immunity “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional

Wandell

District Court, M.D. Florida · Jun 3, 2026

immunity because the law was not clearly established that his alleged actions arose to the level of a constitutional violation. … “Qualified immunity offers complete protection for individual public officials performing discretionary functions insofar as their conduct does not violate clearly established statutory or constitutional rights

Jones

District Court, M.D. Florida · Jun 30, 2026

immunity defense. … See Forsyth, 472 U.S. at 528 (explaining that such an appeal requires the appellate court only to determine questions of law: “whether the legal norms allegedly violated by the defendant were clearly established at the

Dunning

District Court, M.D. Florida · Apr 30, 2026

(3) Qualified Immunity “‘Qualified immunity offers complete protection for government officials sued in their individual … Both defendants are entitled to qualified immunity because plaintiff cannot show a violation of a federal statutory or constitutional right or that any alleged unlawfulness was ‘clearly established

Sheets

District Court, M.D. Florida · Jul 28, 2026

Defendant moves for summary judgment, arguing he is entitled to qualified immunity because Plaintiff has not established a constitutional violation. (Doc. 135). … Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly

Mahan

District Court, M.D. Florida · Oct 20, 2025

Even so, the right was not clearly established at the time of the incident and thus, Officer Samples is entitled to qualified immunity. A. … A Clearly Established Right Even if a constitutional violation occurred, qualified immunity applies unless the right was clearly established at the time. Case v.

Davis v. Wainwright

342 F. Supp. 39 · District Court, M.D. Florida · Aug 11, 1971

In order to qualify for the taxation of costs under the Florida rules, the movant must be determined to be indigent. A hearing to determine petitioner’s insolvency was held on February 3, 1969. … The right of an indigent to representation not dependent upon the depth of his pocketbook is also a well established doctrine under federal consti-' tutional law. E. g., Gideon v.

Dross

District Court, M.D. Florida · Mar 30, 2026

clearly established at the time of the challenged conduct. … The Eleventh Circuit has explained that a right may be clearly established for qualified immunity purposes in one of three ways: First, the plaintiffs may show that a materially similar case