Case law

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.”

Sheets

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

Officer Waldrop’s bid for qualified immunity also falls short. … Qualified immunity protects officials from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Turk v. Crytzer

District Court, M.D. Florida · Sep 30, 2021

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … In evaluating whether qualified immunity applies, a court determines (1) whether the facts alleged make out a violation of a constitutional right and (2) whether that right was “clearly established” at the time

Keeler v. Florida Department of Health

559 F. Supp. 2d 1298 · District Court, M.D. Florida · Jun 6, 2008

Neither has Plaintiff established that she was qualified for any other available vacant positions. … This Court previously addressed whether Defendant is immune from liability and concluded that it is immune from claims for monetary damages brought pursuant to Title I. (Dkt.l8, p. 2).

Logsdon

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

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. … Chaplain Oliver Chaplain Oliver argues that he is entitled to qualified immunity because Logsdon fails to show that he violated Logsdon’s clearly established constitutional

Equity Hernando Woods, Inc. v. United States

888 F. Supp. 135 · District Court, M.D. Florida · May 22, 1995

It is clearly established that a statute of limitations generally cannot be extended when it involves the extension of the sovereign’s agreement to be sued without the agreement of the sovereign, the Congress. … The government yields no more in waiving sovereign immunity than it clearly intends to yield.

Cheves v. Department of Veterans Affairs

227 F. Supp. 2d 1237 · District Court, M.D. Florida · Aug 16, 2002

Federal Tort Claims Act Under traditional principles of sovereign immunity, the United States is immune from suit except to the extent the government has waived its immunity. … It is well established that 38 U.S.C. § 511 precludes judicial review of VA benefits.

Sibley

District Court, M.D. Florida · Mar 18, 2026

The Court held that Officer Riggall was not entitled to qualified immunity at the summary judgment stage because it was clearly established that it is excessive force to pepper spray … The Court stands by its ruling that Officer Riggall is not entitled to qualified immunity. Vinyard clearly established that Officer Riggall’s use of force under Ms.

Corbin v. Prummell, Jr.

District Court, M.D. Florida · Feb 13, 2023

As the caselaw discussed above establishes, no clearly established duty to intervene existed, and thus Sergeant Gensimore is entitled to qualified immunity on the failure to intervene claim. … If Count III does state a claim, Lieutenant Roguska is entitled to qualified immunity because Count III fails to allege the violation of a clearly established constitutional right as to Lieutenant

Edwards v. City of Fort Myers

District Court, M.D. Florida · Apr 27, 2021

Generally, 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.” St. George v. … “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 person would have

Alexander v. Orlando Police Department

District Court, M.D. Florida · Feb 18, 2025

“Qualified immunity generally shields government officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … the right was clearly established at the time of the misconduct.”

JERMC LTD. v. Town of Redington Shores

District Court, M.D. Florida · Jul 23, 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.

Grimage v. Levai

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

Qualified Immunity Defendants alternatively assert that they are entitled to qualified immunity. Motion at 13–15. … “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.

Huggins v. School District of Manatee County

District Court, M.D. Florida · Sep 7, 2022

Saunders’ alleged conduct was discretionary and not in violation of any clearly established rights, she is entitled to qualified immunity on Counts 5, 9, 11, 14, and 16. … Damico was carrying out discretionary functions that did not violate Plaintiff’s clearly established rights, he is entitled to qualified immunity on Counts 5, 9, 11, and 16.

Granite State Outdoor Advertising, Inc. v. City of Clearwater

213 F. Supp. 2d 1312 · District Court, M.D. Florida · Jul 23, 2002

Moreover, the individual Defendants should be dismissed because they are entitled to qualified immunity. … Qualified immunity acts to cloak public officials from lawsuits unless they have violated “clearly established statutory or constitutional law of which a reasonable person would have known.” See Lassiter v.

Debose v. University of South Florida

178 F. Supp. 3d 1258 · District Court, M.D. Florida · Apr 5, 2016

Vicarious liability in unavailable to establish liability for constitutional torts under 42 U.S.C. § 1983 . See Sears v. Williams, 2013 WL 673483 , at *3 (S.D.Ala. Jan. 3, 2013). … In any second amended complaint, the Plaintiff should clearly allege the claims and bases for imposing vicarious *1274 liability on either or both of the Defendants. 9.

Cokley

District Court, M.D. Florida · Mar 9, 2026

Finally, Hirschy asserts 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.”

Payrow v. Chronister

District Court, M.D. Florida · Sep 30, 2024

Accordingly, a court “may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported right exists … A plaintiff may show that a constitutional right is clearly established by: (1) pointing to a materially similar case; (2) pointing to a broader clearly established principle that controls the novel facts of the situation

Harris v. Wingo

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

Deputy Chapman alternatively argues that even if he “used excessive force,” he did not violate clearly established law and is thus entitled to qualified immunity. … Deputy Chapman alternatively argues that even if he “used excessive force,” he did not violate clearly established law and is thus entitled to qualified immunity. (Doc.

J.C.F.C.

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

Webb asserts qualified immunity. … likewise fails, at this stage, to overcome Webb’s assertion of qualified immunity.