Case law

Colvin v. Curtis

860 F. Supp. 1503 · District Court, M.D. Florida · Jul 30, 1993

The evidence presented at trial clearly demonstrates that Sheriff Freeman failed to establish such policies. This lack of well-established policies and procedures caused Rivas’s arrest---- Id. at 1495 . … This is a matter of sovereign immunity under the Eleventh Amendment. A Florida sheriff, however, cannot claim sovereign immunity in this Circuit. See supra n. 6.

Lee v. Gulfport City Of

District Court, M.D. Florida · Jan 22, 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 … “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

Nicholes v. Jano

District Court, M.D. Florida · May 22, 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.

Douglas v. Judd

District Court, M.D. Florida · Mar 13, 2025

right, and (2) the right violated was clearly established.” … The arguable probable cause inquiry in a false arrest case is the same as the clearly established law inquiry in any other qualified immunity case. Garcia v.

Lamar Reed Jr. v. Sheriff, Hendry County

District Court, M.D. Florida · Apr 12, 2023

Second, he argues qualified immunity shields him from liability because the amended complaint “fails to plead Luna violated any clearly established constitutional right.” (Doc. 59 at 6). … Luna’s conduct violated a clearly established constitutional right, he is not entitled to qualified immunity, and his argument is denied without prejudice.

Kampstra v. Pond

District Court, M.D. Florida · Feb 17, 2023

Qualified Immunity for the Defendant Officers “Qualified immunity protects government officials performing discretionary functions from liability if their conduct violates no clearly established statutory … To overcome an officer’s qualified immunity defense, a plaintiff must show “the law that governs the case is ‘clearly established’ at the time of the alleged violation.” Piazza v.

Doss v. Holder

District Court, M.D. Florida · Sep 24, 2024

As such, a court may grant a motion to dismiss on qualified immunity grounds where the complaint fails to allege the violation of a clearly established constitutional right. Corbitt v. … The plaintiff must establish that qualified immunity is inappropriate by showing that “(1) the facts alleged make out a violation of a constitutional right and (2) the constitutional right was clearly established

Johnson v. Cannon

947 F. Supp. 1567 · District Court, M.D. Florida · Nov 19, 1996

Can non, 751 F.Supp. 765, 768 (N.D.Ill.1990), which is clearly distinguishable from the instant case. … Defendant Cannon also asserts that even if there is a duty owed, liability is barred by sovereign immunity. The State of Florida has waived sovereign immunity for any act for which an individual could be held liable.

Boyd v. Decker

District Court, M.D. Florida · May 2, 2023

To overcome a qualified immunity defense, a plaintiff must show that the defendant violated a constitutional right and that the violated right was clearly established. Paez v. … Classification Specialists McWilliams and Paollilio contend that they are entitled to qualified immunity because no clearly established constitutional right guarantees a detainee’s classification status

Byrd v. Brauer

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

To establish qualified immunity, a government official must establish the act complained of was part of a discretionary function within his scope of authority. Holloman ex rel. Holloman v. … If established, plaintiff may overcome qualified immunity by showing: “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.”

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265 · District Court, M.D. Florida · Oct 4, 2016

Clean Fuels contends that it does not qualify as a “construction industry” employer and, therefore, is exempt from Florida’s workers’ compensation law (“FWCL”). (Doc. 52, p. 9.) … The Division of Workers’ Compensation of the Department of Financial Services has adopted a rule establishing industrial classification- codes (“Construction Codes”) for businesses within the “construction industry” under

H.

District Court, M.D. Florida · Aug 25, 2026

Betts is, therefore, “entitled to qualified immunity under § 1983 unless (1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was clearly established at the time” of … Plaintiffs bear the burden of establishing that qualified immunity is inappropriate. Alcocer, 906 F.3d at 951.

Ray v. School District of DeSoto County

666 F. Supp. 1524 · District Court, M.D. Florida · Aug 5, 1987

ACQUIRED IMMUNITY DEFICIENCY SYNDROME AIDS is a viral disease involving the breakdown of the body’s immune system. *1529 A “full-blown” case of AIDS is believed by the medical community to be “incurable and almost inevitably … Plaintiffs have established to the satisfaction of this Court that the interests of Plaintiffs in returning Richard, Robert, and Randy Ray to the classroom clearly outweigh the competing interests of the public in general

Powe

District Court, M.D. Florida · Nov 14, 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 3 Additionally, “[a]s an immunity from suit, qualified … Clearly Established Right To defeat a claim of qualified immunity, Plaintiff must establish both that there was a violation of his constitutional rights and that the right was “clearly

Hinrichs

District Court, M.D. Florida · Aug 25, 2026

Qualified immunity protects government officials from civil damages unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … But for now, the motion to dismiss on qualified immunity grounds is denied. One last issue needs attention.

Battista v. Cannon

934 F. Supp. 400 · District Court, M.D. Florida · Jul 24, 1996

Cannon, 751 F.Supp. 765, 768 (N.D.Ill.1990) which is clearly distinguishable from the instant ease. … It has been established in Florida that the Sheriff is the policymaker and final authority for his agency, Lucas v.

Trent v. Mortgage Electronic Registration Systems, Inc.

618 F. Supp. 2d 1356 · District Court, M.D. Florida · Jul 20, 2007

In fact, MERS may actually qualify as a “creditor” under some definitions of the term. … Even assuming arguendo the facts as pled establish that MERS engaged in deceptive acts or unfair trade practices, MERS’ actions do not qualify as “trade or commerce” under the Act.

Newcome v. Hernando County Sheriff's Office

District Court, M.D. Florida · Dec 13, 2022

Generally, it is appropriate to dismiss a complaint on qualified immunity grounds “when the complaint fails to allege the violation of a clearly established right.” Corbitt, 929 F.3d at 1311 (citing St. George v. … 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

Zivojinovich v. Ritz Carlton Hotel Co., LLC

445 F. Supp. 2d 1337 · District Court, M.D. Florida · Aug 1, 2006

The Eleventh Circuit imposes “heightened pleading requirements” for § 1983 cases which involve individuals entitled to assert qualified immunity. Swann v. … As to Bar-ner, it appears that he too would not be entitled to qualified immunity, Wyatt v.

Keller v. Florida Department of Health

682 F. Supp. 2d 1302 · District Court, M.D. Florida · Feb 1, 2010

Accordingly, “the mere receipt of federal funds cannot establish that a State has consented to suit in federal court.” Id. at 246-47 , 105 S.Ct. at 3149 . … To the extent Plaintiff sues FDOH supervisors Alan Shaffren, Bonnie Cain, and Mae Harper, they clearly appear to be state officials sued in their official capacity. 11 .