Case law

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

Vann v. Tabil

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

Qualified Immunity Keller and Tabil argue Vann’s individual capacity claims against them are barred by 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.”

Doe v. Ball

725 F. Supp. 1210 · District Court, M.D. Florida · May 4, 1989

, and ability to mount a protective immune response to immunizations or exposure to naturally occurring pathogens), shall be retained in service, unless some other reason for separation exists. … As the above-referenced Secretary of Defense Memorandum establishes, Mr. Doe is not physically qualified for an extension of active duty beyond that granted him through the administrative process.

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.

Sheets v. Jimenez

District Court, M.D. Florida · Dec 12, 2024

The Officers invoke qualified immunity. … “A motion to dismiss a complaint on qualified immunity grounds will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” Griffin Indus., Inc. v.

KERIEKAN PALMER v. CITY OF DAYTONA BEACH, TRAVIS BARRETT, COLLIN HOWELL and CARNEISHA MOORE

District Court, M.D. Florida · Feb 13, 2026

rights were clearly established at the time of the incident. … The Defendant Officers contend that such arguable probable cause clearly existed under the totality of the circumstances in this case, entitling them to qualified immunity, and thus summary judgment, as to Count IV.

Clarke

District Court, M.D. Florida · Sep 4, 2026

Both deputies argue they are entitled to qualified immunity because the facts alleged do not constitute excessive force, and, even if the force was excessive, Clarke’s constitutional right was not clearly established at … Since Plaintiff failed to show that Deputies Stender and Magoon violated a clearly established right at the time of the alleged violation, they are entitled to qualified immunity.

Chingarev v. Rambosk

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

To overcome a qualified immunity defense, a plaintiff must demonstrate first, that the defendant violated a constitutional right and second, that the violation was clearly established. McClish v. … “To survive a motion to dismiss based upon qualified immunity, the plaintiff must have alleged sufficient facts to support a finding of a constitutional violation of a clearly established law.” Chandler v.

Jenkins v. Durrance

District Court, M.D. Florida · Apr 18, 2023

“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. … Because the factual allegations show that Deputy Durrance violated a clearly established constitutional right, he is not entitled to qualified immunity - 9 -

Camm v. Scott

834 F. Supp. 2d 1342 · District Court, M.D. Florida · Nov 30, 2011

Bliss, 903 F.2d 1373, 1379 (11th Cir.1990) (“Evidence that a state has waived sovereign immunity in its own courts is not by itself sufficient to establish waiver of Eleventh Amendment immunity from suit in federal court … The Court finds that plaintiffs have not established that the State of Florida has waived its Eleventh Amendment immunity as to any of the claims in this case.

Colon v. New Port Richey Police Department

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

(Doc. 23 at 10) Defendants assert the defense of qualified immunity. … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff 's allegations, if true, establish a constitutional violation.” Hope v.

Shiffman v. Askew

359 F. Supp. 1225 · District Court, M.D. Florida · Jun 1, 1973

Under this standard, the waiting-period requirement clearly violates the Equal Protection Clause.” (394 U.S. at 638, 89 S.Ct. at 1333). … A less drastic means of verifying domicile and the other qualifying requisites to welfare assistance was not only available, it was being employed. Similarly, in Dunn v.

Howard v. St. John's County Sheriff

District Court, M.D. Florida · Sep 17, 2021

violation was ‘clearly established.’” … qualified immunity to Deputy Briggs.

Swanson v. Scott

334 F. Supp. 3d 1203 · District Court, M.D. Florida · Aug 10, 2018

Defendants move for summary judgment, arguing that probable cause existed for Swanson's arrest and prosecution, or alternatively, that they are entitled to qualified immunity because the officers had at least arguable probable … Additionally, the "arguable probable cause" standard is used to determine qualified immunity for malicious prosecution § 1983 claims. Grider v. City of Auburn, Ala. , 618 F.3d 1240 , 1257 (11th Cir. 2010).

Cronin v. Davis

District Court, M.D. Florida · Feb 6, 2025

“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 of which … 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.

Malloy v. Lee County

694 F. Supp. 851 · District Court, M.D. Florida · Sep 7, 1988

The Ninth Circuit Court of Appeals set aside as clearly erroneous the District Court’s finding that Thorne was not qualified. Thome at 464. Under those facts, each element of the McDonnell Douglas test was met. … was established to review her application after Plaintiff has already been ranked as qualified, Plaintiff was interviewed by the committee on January 22, 1976, additional vacancies opened while Plaintiff’s application was

Baez

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

’ entitlement to qualified immunity.” … “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.’”

Leach v. Sarasota County

District Court, M.D. Florida · Mar 28, 2022

Qualified Immunity “To establish the defense of qualified immunity, the burden is first on [the public official] to establish that the allegedly unconstitutional conduct occurred … They argue that even if the undisputed facts demonstrate a constitutional violation, qualified immunity applies because Leach cannot show a violation of clearly established law. Id. at 15.

Alexander

District Court, M.D. Florida · Dec 17, 2025

“The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff ’s allegations, if true, establish a constitutional violation.” Hope v. … violated a constitutional right that was clearly established at the time of the alleged violation.”

Sims v. Unation, LLC

292 F. Supp. 3d 1286 · District Court, M.D. Florida · Feb 14, 2018

Litigation Privilege The litigation privilege "essentially provid[es] legal immunity for actions that occur in legal proceedings." Echevarria, McCalla, Raymer, Barrett & Frappier v. … In reviewing the district court's ruling, the Seventh Circuit stated that "[a] state absolute litigation privilege purporting to confer immunity from suit cannot defeat a federal cause of action."