Case law

Glover

District Court, M.D. Florida · Mar 31, 2026

Plaintiff responds that Defendants violated his clearly established Fourth Amendment right to be free from unreasonable search and seizure and as a result, Defendants are not entitled to qualified immunity. … “Qualified immunity is a defense not only from liability, but also from suit, so courts should ascertain the validity of a qualified immunity defense as early in the lawsuit as possible.” Gilmore v.

Valadez v. Graham

474 F. Supp. 149 · District Court, M.D. Florida · Jun 18, 1979

Alternatively, the Court would deny relief in damages on the basis of defendants’ qualified good-faith immunity from suit. The Supreme Court’s decision in Wood v. … a qualified, good-faith immunity to school decision-makers acting in their official capacity.

Joynt v. Star Ins. Co.

314 F. Supp. 3d 1233 · District Court, M.D. Florida · Jun 1, 2018

Volusia County filed a Motion to Dismiss, arguing that Plaintiff cannot establish a live case or controversy between Plaintiff and the County and that the County should, therefore, *1236 be dismissed from the action. … Clearly, the even-handed application of immunity under section 768.28 furthers equal protection of the law under our constitution rather than denies it. Cauley v. City of Jacksonville , 403 So.2d 379 , 385 (Fla. 1981).

Clark v. Sierra

837 F. Supp. 1179 · District Court, M.D. Florida · Nov 15, 1993

MENENDEZ properly states in his Motion to Dismiss that it has been clearly established in this Circuit that “in civil rights ... actions courts have recognized that more than mere conclusory notice pleading is required. … This minimal reference to HART does not even attempt to establish any cognizable action at law.

DelValle v. Heredia

District Court, M.D. Florida · Oct 29, 2024

Qualified Immunity “Qualified immunity offers complete protection for individual public officials performing discretionary functions insofar as their conduct does … 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.

Dixon

District Court, M.D. Florida · Jun 11, 2026

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.

Metz v. Matos

District Court, M.D. Florida · Dec 10, 2019

“Generally speaking, 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.’” Id. (quoting St. … “The doctrine of 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

Jones

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

“Courts utilize a two-part framework to evaluate qualified immunity claims. One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation.” … Clearly Established Right In the context of arguable reasonable suspicion, as opposed to a more traditional qualified immunity analysis, the Eleventh Circuit has explained that: (a) the

Murdock v. City of Jacksonville, Florida

361 F. Supp. 1083 · District Court, M.D. Florida · Jun 28, 1973

That case is clearly distinguishable on its facts. (1) State or Municipal Immunity At the outset the Court must determine whether the doctrine of governmental immunity is applicable to “municipal” action, or whether it is … from liability for violation of.the Sherman Act in this ease. (2) Governmental Immunity Available to Persons Clearly the immunity enjoyed by the City is not available to the private corporate entity L & G Promotions.

Corporation of the President of the Church of Jesus Christ of Latter Day Saints v. Environmental Protection Commission

837 F. Supp. 413 · District Court, M.D. Florida · Nov 15, 1993

Rule 17(a) lists a number of persons, in addition to the party, who qualify as a real party in interest. … The amendment affords a state and its agencies absolute immunity from suit by individuals in federal court “absent a legitimate abrogation of immunity by Congress or a waiver of immunity by the state being sued.”

Sheets v. Prummell

District Court, M.D. Florida · Mar 5, 2025

“The doctrine of 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 … Among other ways, 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.

Jones v. Ceinski, Jr.

District Court, M.D. Florida · May 30, 2023

The doctrine of 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 … To deny the government official qualified immunity, a plaintiff must prove that the “official’s conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have

Crapps v. Duval County Hospital Authority of Duval County, Florida

314 F. Supp. 181 · District Court, M.D. Florida · Jun 11, 1970

Plaintiffs, on the other hand, contended that the application information given to the plaintiffs by the defendant (see Appendix B) clearly indicates the requirement of one (1) year of residency, and thus it would have been … Every hospital, out-patient clinic or other facility heretofore established by act of Legislature in Duval County, Florida (with the exception of the hospital established for the Jacksonville Beaches by Chapter 25807, Laws

Hall v. Rhoden

District Court, M.D. Florida · May 27, 2025

that was “clearly established” at the time of the conduct. … Because Fourth Amendment qualified-immunity determinations turn on the reasonableness of an officer’s acts in a certain set of facts, the determination of whether a legal right was already clearly established “must

AMERICAN ASS'N OF PEOPLE WITH DISABIL. v. Smith

227 F. Supp. 2d 1276 · District Court, M.D. Florida · Oct 16, 2002

Instead, Defendants Smith and Kast contend that they have the discretion to adopt rules that establish minimum standards for voting systems. … While the common-law legislative immunity available to state and local legislators is not always as broad as the immunity provided to members of Congress under the Speech or Debate Clause, in civil cases, the immunities appear

Clark v. Sarasota County Public Hospital Board

65 F. Supp. 2d 1308 · District Court, M.D. Florida · Aug 31, 1998

In addition to being clearly set forth in the Florida Statutes, the presuit investigation process is thoroughly outlined in the Florida Supreme Court’s Kukral opinion. … As discussed above, who qualifies as a medical expert for pre-suit purposes is explicitly defined by the Chapter 766.

Dross v. Nienhuis

District Court, M.D. Florida · Mar 28, 2025

Qualified Immunity Qualified immunity is a defense to federal claims only. D’Aguanno v. Gallagher, 50 F.3d 877, 879 (11th Cir. 1995). … A plaintiff seeking to meet his 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.

Larson v. School Bd. of Pinellas County, Fla.

820 F. Supp. 596 · District Court, M.D. Florida · Mar 31, 1993

Section 504 provides, in relevant part: No otherwise qualified handicapped individual in the United States ... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or … immunity under section 1985(3) was obviated.

Heard

District Court, M.D. Florida · Jul 1, 2026

Qualified Immunity “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional … So the question is whether the unlawfulness of Defendants’ actions were clearly established at the time. It was.

Fain v. Hall

463 F. Supp. 661 · District Court, M.D. Florida · Jan 3, 1979

Defendant Hall moved to dismiss suggesting his judicial immunity. Plaintiffs seek declaratory and injunctive relief and do not claim damages. … Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a