Case law

Williams v. Bierman

46 F. Supp. 2d 1262 · District Court, M.D. Florida · Apr 13, 1999

Bierman are immune from civil liability and do not qualify as state actors. For the above-stated reasons, Defendants Everett E. Bierman and Joyce E. … In order for the Plaintiffs to establish a § 1983 action, they must prove that Defendant has deprived them of a federal right; Plaintiff has failed to demonstrate in the Complaint that Dr. Carra has done so.

Worlds v. Home Depot U.S.A., Inc.

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

The doctrine of qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … It is appropriate for a district court to grant a motion to dismiss on the basis of qualified immunity “if the complaint ‘fails to allege the violation of a clearly established constitutional right.’” Gonzalez v.

Scott v. White

District Court, M.D. Florida · Aug 14, 2025

To avoid the application of qualified immunity, a plaintiff “must establish that a reasonable jury could find that [the officers] violated [the plaintiff’s] constitutional right, and that [t]his right was ‘clearly established … “If, at the summary judgment stage, the evidence construed in the light most favorable to the plaintiff shows that there are facts inconsistent with granting qualified immunity, then the case and the qualified immunity

Sachs v. Rossiter

District Court, M.D. Florida · Mar 14, 2023

Second, Warden Rossiter invokes qualified immunity, asserting Sachs does not allege the violation of a clearly established constitutional right. (Id. at 6.) … Qualified immunity protects a government official acting within his discretionary authority from civil lawsuits unless his conduct violates a statutory or constitutional right clearly established when the alleged violation

Bezzaz v. Moore

District Court, M.D. Florida · Sep 16, 2022

Qualified Immunity Principles “The doctrine of qualified immunity protects government officials ‘from ability for civil damages insofar as their conduct does not violate clearly established statutory … immunity, then the case and the qualified immunity defense proceed to trial.”).

Osceola v. Forsyth

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

Defendants have moved to dismiss the complaint based on sovereign and qualified immunity. (Doc. 24.) They now ask the Court to stay discovery while their motion awaits disposition. (Doc. 25.) … Green Tree Servicing, LLC, 366 F.3d 1249, 1252 (11th Cir. 2004) (“The defense of sovereign or qualified immunity protects government officials not only from having to stand trial, but from having to bear the

Worlds v. Home Depot U.S.A., Inc.

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

The doctrine of qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … It is appropriate for a district court to grant a motion to dismiss on the basis of qualified immunity “if the complaint ‘fails to allege the violation of a clearly established constitutional right.’” Gonzalez v.

Martinez v. School Bd. of Hillsborough County, Fla.

675 F. Supp. 1574 · District Court, M.D. Florida · Dec 23, 1987

ACQUIRED IMMUNITY DEFICIENCY SYNDROME AIDS is a viral disease involving the breakdown of the body’s immune system. … Such assertion of risk as to transmission is not clearly rebutted by the evidence in this case. There is clearly divided expert medical evidence and opinion in this case. One expert, Dr.

Hernandez v. Pasco County Sheriff's Department

District Court, M.D. Florida · Feb 16, 2021

“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. … Plaintiff’s clearly established constitutional rights.

Santiago v. Fisher

District Court, M.D. Florida · Dec 20, 2024

Qualified Immunity “Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly established … [those] ‘facts’, if proven, show that the defendant violated clearly established law.”

King v. Lee County

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

To overcome a qualified immunity defense, a plaintiff must demonstrate that (1) the defendant violated a constitutional right and (2) the violation was clearly established. McClish 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 within

Perez v. City of Key West

878 F. Supp. 216 · District Court, M.D. Florida · Feb 28, 1995

STANDARD OF REVIEW This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence … Pasco Community is established by § 228.041, Fla.Stat., and its primary function is to “serve postsecondary academic and vocational education needs of the citizens of Florida.” 2.

Real v. Perry

District Court, M.D. Florida · Jun 22, 2020

The issue of qualified immunity was not reached. B. … a finding of a constitutional violation of a clearly established law.

Stevenson v. Uttermohlen (In re Uttermohlen)

506 B.R. 142 · District Court, M.D. Florida · Dec 17, 2012

Some bankruptcy courts have held that a joint tax refund is subject to immunity under TBE. See In re Gorny, No. 6:08-bk-7-ABB, 2008 WL 5606583 (Bankr.M.D.Fla. … Acknowledging the holding in Kossow , the Kant court noted that “a creditor may overcome the [rebuttable] presumption by establishing that the unities necessary to establish a tenancy by the entireties are not present.” 2006

Martinez Verde v. Pasco County Sheriff's Department

District Court, M.D. Florida · Feb 16, 2021

“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. … Plaintiff’s clearly established constitutional rights.

St. Petersburg Bank & Trust Company v. United States

362 F. Supp. 674 · District Court, M.D. Florida · Aug 27, 1973

tout the services of the Bank while nurturing a personal rapport with established or potential customers. … Thus, among other criteria not pertinent to this case, Section 1.274-2(c) (3) (i)-(iv) of the regulations (26 C.F.R.) establishes four separate requirements, all of which must be met for an entertainment item to qualify as

Ratcliff v. Edge

District Court, M.D. Florida · Sep 29, 2023

“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 … Edge would be entitled to qualified immunity because no caselaw at the time of Ratcliffs arrest established that, under these circumstances, the use of force was excessive. See Smith v.

Lamar Reed Jr. v. Sheriff, Hendry County

District Court, M.D. Florida · Jul 3, 2024

The Court rejects Officer Luna’s qualified immunity argument for the same reasons. … “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which

Absolute Activist Value Master Fund Ltd. v. Devine

262 F. Supp. 3d 1312 · District Court, M.D. Florida · Apr 13, 2017

Thus, the Stipulation and Protective Order is clearly consistent with Congress’ intentions. … Defendant clearly contends that the disclosure was inadvertent. {See Doc. 455 at 15).

Gallashaw v. Moody

District Court, M.D. Florida · Jun 10, 2021

Qualified Immunity An officer sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or … Accordingly, the burden now shifts to Plaintiff to demonstrate she alleges Defendant Lee engaged in conduct that, accepted as true, caused the violation of a clearly established constitutional right.