Case law

Encarnacion v. Judd

District Court, M.D. Florida · Oct 31, 2019

A constitutional violation can be clearly established by showing (1) a “materially similar case”; (2) pointing to a “broader clearly established principle” that controls “the novel facts of the situation”; (3) or demonstrating … Therefore, because Deputy Wade’s conduct violated a clearly established constitutional right of which a reasonable person would have known, he is not entitled to qualified immunity.1 1Deputy Wade is

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 .

Bailey v. Wictzack

735 F. Supp. 1016 · District Court, M.D. Florida · Apr 3, 1990

McDaniel, 833 F.2d 1516 (11th Cir. 1987) (raising and arguing defense of qualified immunity is sufficient to create a presumption that the suit was filed against the defendants in their individual capacities). … Defendant Heinrich has failed to establish that any judgment rendered against him in his official capacity must necessarily be paid out of state rather than county funds.

Johnson v. Florida Department of Juvenile Justice

District Court, M.D. Florida · Dec 16, 2024

Plaintiff responds that qualified immunity does not extend to public officials who choose to violate clearly established constitutional rights, such as those protected by the First Amendment and exercised by … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Astro Limousine Service, Inc. v. Hillsborough County Aviation Authority

647 F. Supp. 193 · District Court, M.D. Florida · Jun 18, 1985

Plaintiffs also contend their conspiracy allegations remove Defendant from the ambit of any anti-trust immunity. … Also, factual issues remain pertaining to whether HCAA has participated in a conspiracy and if so, whether such conduct falls outside the state action immunity.

Grimage v. Gwara

District Court, M.D. Florida · Jul 26, 2024

Qualified Immunity Sergeant Gwara alternatively asserts that he is entitled to qualified immunity. Motion at 8–10. … “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.’” Corbitt v.

Johnson v. Snyder

District Court, M.D. Florida · Apr 24, 2025

Qualified Immunity The defendants argue the doctrine of qualified immunity protects them from individual liability. … “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.”

J.C.F.C.

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

Johnson asserts qualified immunity. … this stage, to overcome Johnson’s assertion of qualified immunity.

Arline v. City of Jacksonville

359 F. Supp. 2d 1300 · District Court, M.D. Florida · Feb 25, 2005

If arguable probable cause existed for Arline’s arrest then Hinson is shielded by qualified immunity. … Hinson’s actions, therefore, are shielded by qualified immunity. Durruthy, 351 F.3d at 1089 ; Scarbrough . C.

Rumler v. DEPARTMENT OF CORRECTIONS, FLORIDA

546 F. Supp. 2d 1334 · District Court, M.D. Florida · Apr 25, 2008

At the time, Plaintiff “was an outstanding employee with consistently very good performance evaluations and who qualified for performance bonuses.” Id. ¶ 11. … "When determining whether there has been a waiver of sovereign immunity, the courts should look at the immunity provisions in effect at the time the cause of action accrued.” Hattaway v.

Florida Medical Ass'n v. Department of Health, Education & Welfare

479 F. Supp. 1291 · District Court, M.D. Florida · Oct 22, 1979

FOIA & Exemption 3 Although Exemption 3 of the FOIA allows certain qualifying nondisclosure statutes to override the obligatory disclosure provisions of the FOIA, none of the other statutes that plaintiffs rely on qualifies … It is not that the Privacy Act was intended to establish any absolute right of privacy, cf.

Garcia Hembree v. Rojas

District Court, M.D. Florida · May 15, 2024

“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 … Plaintiff tries to recite the qualified immunity standard but never explains how Defendant’s actions violated his clearly established constitutional rights. (Doc. 76 at 10).

Golta, Inc. v. Greater Orlando Aviation Authority

761 F. Supp. 778 · District Court, M.D. Florida · Apr 2, 1991

As became clear at the hearing and after a review of the case file, GOLTA did not establish any of the elements needed to succeed on either a section 1 or a section 2 claim. … Brown, HCAA] is immunized. Id. at 1289 . Moreover, the State of Florida sufficiently supervised HCAA. Id. at 1290 .

City of Jacksonville v. United States Department of the Navy

187 F. Supp. 2d 1352 · District Court, M.D. Florida · Feb 5, 2002

Sovereign Immunity [3,4] It is established law that any waiver of the federal government’s sovereign immunity must be unequivocal. United States Dep’t of Energy v. … Even though the Supreme Court ultimately concluded in DOE that sovereign immunity from punitive sanctions had not been clearly waived, that conclusion rested on the Court’s inability to find an unequivocal waiver in the statute

Hanson v. Florida Department of Corrections

District Court, M.D. Florida · Sep 3, 2025

“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.” , 284 F.3d at 1194. … Accordingly, Hanson is not entitled to qualified immunity. , 30 F.4th at 1256 (“[T]his Court has clearly established that a custom of allowing the use of excessive force provides the requisite fault, as a persistent

Harris v. Wingo

District Court, M.D. Florida · Nov 5, 2019

Qualified immunity provides “complete protection for individual public officials performing discretionary functions insofar as their conduct does not violate clearly established statutory … Even assuming Deputy Pepin was motivated to issue the trespass warning by Plaintiff’s March 9, 2014 complaint, Deputy Pepin is entitled to qualified immunity unless it was clearly established

Franklin v. Popovich

District Court, M.D. Florida · Sep 26, 2022

The Burden of Proof for Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from liability if their conduct violates no clearly established statutory … Courts “have discretion to decide which of the two prongs of the qualified[] immunity analysis to tackle first,” and the government officials are “entitled to qualified immunity if the plaintiff fails to establish either

Thomas

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

Qualified immunity can shield a government official from liability if the official’s conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … warrant was issued, and Detective Collier is entitled to qualified immunity, and Defendant is entitled to summary judgment.

Kenney

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

Goetz argues he is entitled to qualified immunity. … If Plaintiffs cannot establish that Goetz violated a constitutional right, the qualified immunity inquiry ends. Id. at 1200.

Marco Island Cable, Inc. v. Comcast Cablevision of the South, Inc.

509 F. Supp. 2d 1158 · District Court, M.D. Florida · Mar 8, 2007

Courts “may render declaratory judgments on the existence or nonexistence: (1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of *1161 such immunity, power, privilege … Whatever the tax ramifications may be, some contracts clearly establish that the wiring was Comcast’s personal property. Plaintiff reads the statute more broadly than it is written.