Case law

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.

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

Fleming

District Court, M.D. Florida · Aug 14, 2026

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … Because Plaintiff failed to show Officers Allen and Herrera violated a clearly establish constitutional right, they are entitled to qualified immunity.

Sheets

District Court, M.D. Florida · Mar 21, 2026

This leaves Defendants’ qualified immunity defense. … A plaintiff may show that a right was clearly established by pointing to a “broader, clearly established principle that should control the novel facts of his situation.” Garcia v.

Kitt

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

qualified immunity. … “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Underwood v. City of Fort Myers

890 F. Supp. 1018 · District Court, M.D. Florida · Jun 16, 1995

STANDARD OF REVIEW This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence … The plaintiff in a Title VII suit may establish a prima facie case by showing: (1) that she was a member of a protected class; (2) that she was qualified for the position from which she was discharged; (3) that she was discharged

Johnston v. Borders

325 F. Supp. 3d 1285 · District Court, M.D. Florida · Aug 31, 2018

Next, the court found that Sheriff Borders is not entitled to qualified immunity, having construed the evidence of a constitutional violation in the light most favorable to Johnston. ( Id. at p. 12). II. … Similarly, the Circuit Court resolved against Sheriff Borders the defense of qualified immunity. ( Id. at pp. 11-12).

Akins

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

Qualified Immunity Velasquez argues that qualified immunity bars Akins’s First Amendment retaliation claim. (Doc. 21 at 10-18). … “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Shaffer v. Scarborough

District Court, M.D. Florida · Jan 23, 2025

“There is no question that the second step of the qualified immunity analysis—whether the right violated was clearly established—is satisfied, as it is clearly established that an arrest made without probable cause violates … Having determined that a reasonable jury could conclude that Defendant Scarborough used excessive force, the Court now turns to the second prong of the qualified immunity analysis—whether the right was clearly established

Kirkland

District Court, M.D. Florida · Dec 29, 2025

To receive qualified immunity, an official must first “establish that he or she acted within the scope of discretionary authority when the allegedly wrongful acts occurred.” Robinson v. … Thus, a motion to dismiss on qualified immunity grounds “will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” St. George v.

Corbin v. Prummell, Jr.

District Court, M.D. Florida · Jul 19, 2024

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established … right, and (2) the unlawfulness of their conduct was clearly established at the time."

Taylor v. Ward

District Court, M.D. Florida · Mar 12, 2025

is entitled to qualified immunity. … In sum, the “clearly established” part of the qualified-immunity inquiry asks whether the law when the officer engaged in the challenged conduct gave him “‘fair warning’ that

Cook v. Brooks

District Court, M.D. Florida · Mar 10, 2025

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   … Cir. 2023).3 The opposite is also true—the absence of arguable probable cause negates qualified immunity because it means that a defendant violated clearly established law. , 84 F.4th at 1236.

Ritchey

District Court, M.D. Florida · Jun 10, 2026

If this is established, the burden shifts to the plaintiff “to demonstrate that qualified immunity is inappropriate.” Id. … There are three ways that a right is “clearly established” for purposes a qualified immunity analysis: (1) case law with indistinguishable facts clearly

Pedraza v. Inch

District Court, M.D. Florida · Feb 21, 2020

the Court to dismiss this case at any time if the Court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune … Scott, 610 F.3d 701, 709 (11th Cir. 2010) (rejecting the application of a heightened pleading standard for § 1983 cases involving qualified immunity)); see also Keith v.

Buttrey

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

within the official’s discretionary authority unless the official violates a statu- tory or constitutional right clearly established at the time of the challenged conduct. … The officer enjoys qualified immunity on the false-arrest and excessive-force claims.

Underwood v. City of Fort Myers

836 F. Supp. 823 · District Court, M.D. Florida · Oct 18, 1993

Plaintiff feels she was qualified to fill the position of Administrative Aide A as she had continuously performed the job since July 8, 1991. … A copy of the letter is attached to the Complaint as exhibit #4 and is clearly dated December 27, 1992.

Rush-Hampton Industries, Inc. v. Home Ventilating Institute

419 F. Supp. 19 · District Court, M.D. Florida · Aug 3, 1976

That movant’s uneontradicted and unimpeached proofs need not be taken as true is well established. … There must be some clearly established pattern of misrepresentation, or of initiation of baseless legal proceedings, or of covert pressures and tactics designed to deprive the administrative body of its ability to function

Duarte

District Court, M.D. Florida · Jan 16, 2026

Having found no constitutional violation, the Court need not address the clearly established prong of the qualified immunity analysis. Gaines v. … City of Joliet, to satisfy the clearly established prong of qualified immunity. (Doc. 65 at 1).

Ostroff v. State of Fla., Dept. of Health

554 F. Supp. 347 · District Court, M.D. Florida · Jan 31, 1983

the United States Constitution. 13 It is firmly established that the Eleventh Amendment immunizes unconsenting states from private suits in federal *355 courts for retrospective money damages, whether brought by their own … David Pingree, vicariously in his official capacity (see “Rubuttal”, filed March 29, 1982 at p. 2), the Eleventh Amendment immunity enjoyed by the State of Florida and H.R.S. clearly extends to Mr.