Case law

Monfiston v. Wetterer

District Court, M.D. Florida · Mar 25, 2020

“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 … Clearly established right A right is “clearly established” for purposes of qualified immunity if a reasonable official would understand that his conduct violates the Constitution

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.

Mazak v. William

District Court, M.D. Florida · Nov 6, 2023

The doctrine of qualified immunity protects agents of the government “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendant is entitled to qualified immunity from suit.

Moreno v. Moore

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

Prison officials sued in their individual capacity are “entitled to qualified immunity for [their] discretionary actions unless [they] violated ‘clearly established statutory or constitutional rights of which … “Overcoming the official’s qualified-immunity defense requires a plaintiff to establish both [1] that the officer’s conduct violated a constitutionally protected right and [2] that the right was clearly established

Gerbing v. ITT Rayonier Incorporated

332 F. Supp. 309 · District Court, M.D. Florida · Jul 21, 1971

. § 407 clearly establishes that certain pollution of navigable waters shall “not be lawful”, while § 411 provides, in part, that anyone who shall “instigate a violation” of § 407 shall “ * * * be guilty of a misdemean- or … The sanctions for violation of § 407, however, as provided in § 411 (above), are clearly criminal.

McClain Jr. v. Duley

District Court, M.D. Florida · Apr 10, 2025

In his response, Plaintiff repeats his allegations and asserts that Plaintiff is not entitled to qualified immunity. (Doc. 26.) II. … And it is clearly established that an officer violates his duty to protect if he “knows that one prisoner poses a substantial risk of serious harm to another, yet fails to take any [reasonable] action” to separate them

Schrank v. Bliss

412 F. Supp. 28 · District Court, M.D. Florida · Apr 9, 1976

First, plaintiff’s recovery of lost wages may be precluded by constitutional immunity. … It is settled that public executive officials, acting within their official capacity, are protected by a qualified immunity from liability, in the absence of demonstrated bad faith. Scheuer v.

Cole v. Esely

District Court, M.D. Florida · Jan 25, 2022

Qualified Immunity The Court first addresses Defendants’ assertion that they are entitled to qualified immunity. Motion at 12–13. … element required to establish it is so extreme that every conceivable set of circumstances in which this constitutional violation occurs is clearly established to be a violation of the Constitution….’”

Manago v. Smith

District Court, M.D. Florida · Aug 26, 2025

Qualified Immunity “Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly … If the defendant does so, the burden shifts to the plaintiff to demonstrate that qualified immunity is not appropriate using the two-prong test established by the Supreme Court in Saucier v.

Sexton v. United States

132 F. Supp. 2d 967 · District Court, M.D. Florida · Dec 18, 2000

The AIM further states: [I]t is important that pilots clearly understand the clearance or instruction. … The situation simply calls into play established principles of comparative negligence. 18 . Hurta was qualified to act as a conlroller-in-charge.

Percival v. Leduc

District Court, M.D. Florida · Mar 8, 2024

The deputies’ qualified immunity argument fares no better. Because discretionary function is undisputed and I have already discussed consent at length, “clearly established law” is all that remains. … That is enough to state a claim that the deputies violated both the Fourth Amendment and clearly established law. (collecting cases denying qualified immunity in similar circumstances). 4.

Reynolds v. City of Daytona Beach

District Court, M.D. Florida · Dec 23, 2019

“Qualified immunity provides protection for government officials performing discretionary functions and sued in their individual capacities as long as their conduct violates no clearly established statutory … established constitutional rights, and they are entitled to qualified immunity.

Anderson v. Ivey

District Court, M.D. Florida · Mar 4, 2021

Both of Anderson’s § 1983 claims arise under the Fourth Amendment, anc both involve clearly established rights. … when assessing qualifie: immunity. (Doc. 46 at 15).

Harris v. Florida Department of Corrections

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

Qualified Immunity Next, Defendants assert that Warden Lane and Chaplain Wood are entitled to qualified immunity. See Motion at 17–19. … “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.

Tollick

District Court, M.D. Florida · Sep 10, 2026

They also invoke qualified immunity. Id. at 1, 18. … Mot. at 1, 15, 18.2 Prison officials sued in their individual capacities are “entitled to qualified immunity for [their] discretionary actions unless [they] violated ‘clearly established statutory or

Sinni v. Scottsdale Insurance

676 F. Supp. 2d 1319 · District Court, M.D. Florida · Jan 4, 2010

not be used to establish coverage). … Had Plaintiff not concealed that uncontroverted fact from her complaint, her claims would clearly have been barred by workers’ compensation immunity and outside the scope of coverage.

Rizk v. Seminole County Sheriff

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

Defendant Deputy Pugh moves for summary judgment on Plaintiff’s excessive force claim, arguing that he did not violate a clearly established constitutional right and thus, is at least entitled to qualified immunity. … Even assuming the force is deemed excessive, to overcome Deputy Pugh’s qualified immunity defense, Plaintiff must further demonstrate that the unlawfulness of Deputy Pugh’s conduct was “clearly established” at the

Sheets v. Charlotte County

District Court, M.D. Florida · Jun 10, 2025

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly … immunity, [his] alternative qualified immunity defense is moot.”

Tuten v. Nocco

District Court, M.D. Florida · Aug 7, 2023

To overcome a qualified immunity defense, the plaintiff must show that the defendant violated a constitutional right, and that the violated right was clearly established. Paez v. … “[A] right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle

Mullis, Jr. v. Clark

District Court, M.D. Florida · Jun 26, 2025

of excessive force,” and (2) that the plaintiff’s “right was clearly established in . . . the specific context of the case.” … So the burden shifts to Mullis to show that qualified immunity is inappropriate.