Case law
Opinions from 1658 to today.
2,960 results
1.02s
District Court, M.D. Florida · Nov 15, 2023
Qualified Immunity 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.”
Cited 0 timesUnknown33 F. Supp. 2d 1019 · District Court, M.D. Florida · Dec 23, 1998
Kotz’s complaint by attempting to draw the cloak of Eleventh Amendment immunity around it. … this immunity or the State Legislature has otherwise provided.
Cited 1 timesPublishedDistrict Court, M.D. Florida · Aug 26, 2026
Defendants’ Motion Defendants invoke qualified immunity, arguing there is no evidence they violated Plaintiff’s clearly established constitutional rights. … Plaintiff must satisfy both prongs to survive a qualified-immunity defense. Hinson v.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jan 25, 2024
A district court should therefore grant the defense of qualified immunity on a motion to dismiss if the complaint fails to allege the violation of a clearly established constitutional right.” Dalrymple v. … ; and (2) whether the constitutional right was “clearly established.”
Cited 0 timesUnknown894 F. Supp. 1565 · District Court, M.D. Florida · Jul 27, 1995
Defendants contend that Plaintiff received full and adequate due process; that he has failed to state a claim; that they are entitled to Eleventh Amendment immunity and qualified immunity- DISCUSSION OFFICIAL CAPACITY CLAIMS … The purpose of Rule 33-22.010(5) upon which Plaintiff relies for this claim, is to establish a 7-day time period within which a disciplinary hearing must be held when charges are outstanding.
Cited 3 timesPublishedDistrict Court, M.D. Florida · Feb 24, 2025
Qualified Immunity and the Fourth Amendment “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly … The burden then shifts to the plaintiff to demonstrate that qualified immunity does not apply by showing that the defendant’s conduct violated a constitutional right that was clearly established at the time it occurred
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jul 22, 2025
To defeat Barnes’s qualified immunity, Long must (1) allege facts that state a constitutional violation and (2) prove that the act violating the constitutional right was “clearly established” as unconstitutional at the … Accordingly, Barnes is entitled to qualified immunity. II.
Cited 0 timesUnknown37 F. Supp. 2d 1351 · District Court, M.D. Florida · Mar 3, 1999
The Ross court found that the defendant there, who was a social worker, enjoyed qualified immunity "in light of the Eleventh Circuit’s holding that state actors responding to allegations of abuse almost never act within the … contours of 'clearly established law,’ and in light of Plaintiffs’ failure to point to any clearly established law to support their proposition that reasonable persons in Defendant’s position would know that they were in
Cited 0 timesPublished377 F. Supp. 45 · District Court, M.D. Florida · Jul 17, 1974
It is well established that a legislative body may provide, by statute or ordinance, that certain facts shall be presumptive evidence of other facts. Adler v. … This claim is clearly meritorious in view of the recent decision of the Supreme Court of the United States in Edelman v.
Cited 23 timesPublishedUnited States Fidelity & Guaranty Co. v. Liberty Surplus Insurance
630 F. Supp. 2d 1332 · District Court, M.D. Florida · Oct 12, 2007
It is Liberty’s burden to establish that the applicability of any privilege. … The Court, therefore, finds that because Liberty has failed to sustain its burden of establishing privilege, the Engle Martin report is discoverable. B.
Cited 12 timesPublishedDistrict Court, M.D. Florida · Sep 16, 2022
“[I]t 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. … Apr. 9, 2001) (holding that a law enforcement officer was entitled to qualified immunity where the plaintiff failed to show clearly established law that requires an officer to intervene when another officer omits information
Cited 0 timesUnknownHill v. Seaboard Coast Line Railroad
642 F. Supp. 319 · District Court, M.D. Florida · Aug 14, 1986
Brigman’s assessments and do not establish that they were in fact qualified. The Court therefore finds that, except as to Mr. Coleman, plaintiffs have failed to show that they were qualified for the foreman position. … and in its memorandum that the issue of whether the plaintiffs were qualified was not in dispute and stated clearly that the issue in dispute was whether or not the promoted white employees were more or less qualified than
Cited 4 timesPublishedDistrict Court, M.D. Florida · Aug 26, 2024
Deputy Durrance moves for summary judgment, arguing that he is entitled to qualified immunity because the search and impounding of the car “did not violate any right of [Jenkins’s] which was clearly established at … Once that is established, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Paez v. Mulvey, 915 F.3d 1276, 1284 (11th Cir. 2019).
Cited 0 timesUnknownDistrict Court, M.D. Florida · Mar 11, 2022
An officer sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or constitutional rights of which a reasonable … was “clearly established” at the time of the alleged violation.
Cited 0 timesUnknownMathews v. Officer J. Wheatherbee
District Court, M.D. Florida · Jan 4, 2022
Analysis‘ “The qualified immunity defense shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … Thus, the Court turns to whether the law was clearly established.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jul 20, 2026
qualified immunity.” … Defendants’ Motion to Dismiss will also be denied to the extent it raises the defense of qualified immunity. See Doc. 45 at 8–20.
Cited 0 timesUnknownChambliss v. Brevard County Sheriff's Office
District Court, M.D. Florida · Aug 17, 2023
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 … Considering the version of events before the Court, Chambliss’s right was also clearly established. In the Eleventh Circuit, a right can be clearly established in one of three ways. Crocker, 995 F.3d at 1240.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Oct 24, 2022
the plaintiff’s constitutional rights, and (2) whether the plaintiff’s rights were clearly established. … Violation of Clearly Established Right Cook must also show that the constitutional right was clearly established at the time of the conduct. See Plumhoff v.
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jul 24, 2024
They further argue that Perez has failed to meet his burden of establishing that they are not entitled to qualified immunity. Id. at 4-5. … violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”
Cited 0 timesUnknownDistrict Court, M.D. Florida · Sep 26, 2023
Plaintiff argues that clearly established law demonstrates that Katzer’s actions were unlawful, and therefore he is not protected by qualified immunity. Id. at 12-14. … A motion to dismiss on qualified immunity grounds is due to be granted when the complaint fails to allege the violation of a clearly established constitutional right, accepting all factual allegations as true and drawing
Cited 0 timesUnknown
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