Case law

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

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.

Morris v. Crow

817 F. Supp. 102 · District Court, M.D. Florida · Mar 12, 1993

Plaintiff found that the deputy’s rate of speed at the timé of the fatal accident clearly exceeded the legal speed limit. … Furthermore, Plaintiff states that it is the established custom, policy and practice of Defendant Sheriff Crow and the PCSO to retain veteran officers with an established employment history for a first violation of a general

American Civil Liberties Union Foundation of Florida, Inc. v. Baker County Sheriff's Office

District Court, M.D. Florida · Sep 11, 2024

; and (2) if the right violated under those alleged facts was clearly established at the time of the alleged violation.” … Clearly Established Right Plaintiffs have also sufficiently alleged that their rights to be free from retaliation under the First Amendment were clearly established.

Poirier v. Hodges

445 F. Supp. 838 · District Court, M.D. Florida · Feb 2, 1978

Those decisions together establish a stigma-plus test that is necessary to assert a claim under § 1983 for denial of due process. Moore v. Otero, 557 F.2d 435, 437 (5th Cir. 1977); Sullivan v. … The class of persons against which the conspirators’ discriminatory bias is directed must be a clearly defined class. Cameron v. Brock, 473 F.2d at 610 .

Smola v. Chronister

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

Smola cites several decisions denying qualified immunity to an arresting of- ficer who used force that violated a “clearly established” right, but the decisions cited by Smola, decisions similar to Hadley and Smith, support … Sullivan determined that the officer enjoyed qualified immunity from the Section 1983 claim because the woman failed to establish that the officer used “excessive force.”

Edwards v. City of Fort Myers

District Court, M.D. Florida · Jan 18, 2022

Even leaving that aside, liability for Gonzalez would not be clearly established. So qualified immunity would apply. See Crocker v. … And if it were, no clearly established precedent said so. Gonzalez, thus, would get qualified immunity regardless. See generally Corbitt v.

Gallashaw v. Moody

District Court, M.D. Florida · Sep 17, 2020

Defendants invoke 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 constitutional rights of

United States v. Real Property Known as 9901 Gladiolus Drive

837 F. Supp. 1162 · District Court, M.D. Florida · Nov 12, 1993

This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of genuine issue as to any material fact when all the evidence is viewed in the … to indicate that Congress waived such immunity when drafting the federal forfeiture statutes.

Johnson v. Nocco

District Court, M.D. Florida · Nov 13, 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.

Spears v. Jordan

District Court, M.D. Florida · Aug 6, 2021

Defendant Smith: Qualified Immunity Defendant Smith invokes qualified immunity, arguing Plaintiff alleges no facts showing he violated Plaintiff’s constitutional rights but rather premises … Prison officials sued in their individual capacities are “entitled to qualified immunity for [their] discretionary actions unless [they] violated ‘clearly established statutory or constitutional rights

Duran v. City of Tampa

430 F. Supp. 75 · District Court, M.D. Florida · Mar 15, 1977

Although the provisions of 29 U.S.C. §§ 793 and 794 have rarely been interpreted, one decision clearly discusses the issues presented herein. In Gurmankin v. … Thus the plaintiff, who is “otherwise qualified”, was refused a physical examination and employment based on the defendants’ presumption of unfitness.

Rice v. Florida Department of Corrections

District Court, M.D. Florida · Jun 15, 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 … is clearly established to be a violation of the Constitution.”

Kornagay

District Court, M.D. Florida · Feb 6, 2026

They 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.”

Thorkelson v. Marceno

District Court, M.D. Florida · Jul 31, 2020

Excessive Force “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional rights of … Even if Casale did use excessive force, he is entitled to qualified immunity because Plaintiff failed to show that the unlawfulness of his conduct was clearly established at the time of the shooting.

Marion v. Citrus County Sheriff's Office

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

DISCUSSION In his summary judgment motion, the Deputy relies in part on the doctrine of qualified immunity. … Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory □□ constitutional

MATTHEW GARY SHULTZ v. DUSTIN MUELLER, SMITH PREDELUS and CITY OF ORLANDO

District Court, M.D. Florida · Aug 25, 2026

“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 or constitutional … Vickers, 929 F.3d 1304, 1311 (11th Cir. 2019) (“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

Mitchell v. Duval County Jail/Doc. PDF

District Court, M.D. Florida · Oct 16, 2019

Thus, under the doctrine of qualified immunity, Defendants may claim that they are entitled to qualified immunity from monetary damages in their individual capacities. … To defeat qualified immunity as to these Defendants, Mitchell must show both that a constitutional violation occurred, and that the constitutional right violated was clearly established.

Tews v. Terrell

District Court, M.D. Florida · Dec 6, 2022

that Terrell violated a clearly established constitutional right. … qualified immunity privilege, even in the absence of case law.

Martinez Ex Rel. Martinez v. School Board of Hillsborough County

711 F. Supp. 1066 · District Court, M.D. Florida · Apr 26, 1989

If the child is not otherwise qualified, the final question for the court is whether reasonable accommodations could reduce the risk of transmission so as to make the child otherwise qualified to be educated in that setting … This risk is not unique to Eliana Martinez; the Ray boys faced similar risks in attending school as do other immune suppressed children, including children with cancer.