Case law

Odyssey Marine Exploration, Inc. v. Unidentified, Shipwrecked Vessel

675 F. Supp. 2d 1126 · District Court, M.D. Florida · Dec 22, 2009

M/V Ibn Hayyan, 35 F.3d 205, 209 (5th Cir.1994) (“The plain words of the statute [§ 1609] clearly preclude reading the language of §§ 1605 and 1606 to control the issue in the case.”). … Empresa Nicaraguense De La Carne, 705 F.2d 250, 256 (7th Cir.1983) ("In our opinion Section 1604 requires a foreign state to establish a prima facie case on two elements: that it is a foreign state under the definition employed

Smith v. Osceola County, Florida

District Court, M.D. Florida · Mar 27, 2025

. & Coordination Unit, 507 U.S. 163, 166 (1993))), Plaintiff does not demonstrate that Osceola County asserting that the officers have qualified immunity is wholly unrelated to the issues in this case. Cf. … Nov. 30, 2012), is factually inapposite and did not address defenses related to qualified immunity. Fla.

Otworth v. the Florida Bar

71 F. Supp. 2d 1209 · District Court, M.D. Florida · Sep 29, 1999

However, Plaintiff has failed to allege anything that would warrant departure from the well-established principle that judges are immune from suit. … principles of Eleventh Amendment immunity.

Drilling Consultants, Inc. v. First Montauk Securities Corp.

806 F. Supp. 2d 1228 · District Court, M.D. Florida · May 27, 2011

‘intended to qualify as part of a tax-qualified retirement plan ... that meets the requirements of ... … Haskell’s Personal Liability Haskell argues that, as an agent for a disclosed principal, Haskell is immune from liability for the “debts or obligations of the principal”.

Bank of America, N.A. v. United States Internal Revenue Service

663 F. Supp. 2d 1308 · District Court, M.D. Florida · Jul 10, 2009

The conditions under which the Government agrees to be sued must be clearly expressed in statutory text, strictly construed in favor of the sovereign, and may not be implied. ASEDAC v. … However, it is well established § 1331, provides no general waiver of sovereign immunity. See, e.g. Harbert v.

Lopez v. Garcia

District Court, M.D. Florida · Oct 24, 2024

Defendant Garcia invokes qualified immunity and moves to strike Plaintiff’s requests for injunctive relief and punitive damages. Id. at 10–13. … 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

Johnson v. Grant

District Court, M.D. Florida · Aug 6, 2024

Qualified Immunity When government officials are performing discretionary duties, they are entitled to qualified immunity unless the plaintiff shows … To overcome qualified immunity on his First Amendment claim, Johnson must show the violation was clearly established. Courts recognize three ways to do so.

Gilliam v. Fort Myers Police Department (Chief of Police)

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

Seventh, Plaintiff argues the Court erred in holding that qualified immunity applies. (Doc. 50 at 17–18). … Feb. 24, 2025) (“Having found no constitutional violation, the Court need not address the clearly established prong of the qualified immunity analysis.”).

St. Clair v. Mutz

District Court, M.D. Florida · Apr 15, 2024

“Qualified immunity offers complete protection for individual public officials performing discretionary functions insofar as their conduct does not violate clearly established statutory or constitutional … Peterman’s use of the K-9 violated clearly established law. are entitled to qualified immunity on the excessive-force claim. See Hunter v.

Searer v. Wells

837 F. Supp. 1198 · District Court, M.D. Florida · Nov 18, 1993

Therefore, Plaintiffs allegations against Defendant Charles Wells, in his official capacity, clearly state a cause of action against Manatee County, pursuant to the statutory waiver of sovereign immunity in Section 768.28 … Massachusetts Port Authority, 520 F.2d 810 (1st Cir.1975) (jurisdictional defenses like sovereign immunity may be raised at any time.)

Kubisiak v. Gualtieri

District Court, M.D. Florida · Mar 18, 2024

clearly established statutory or constitutional rights of which a reasonable person would have known.” … The plaintiff must establish both prongs to defeat qualified immunity; however, courts may address them in either order. Pearson, 555 U.S. at 242.

Melendez v. Inch

District Court, M.D. Florida · May 12, 2022

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 … See Ingram, 30 F.4th at 1252, 1254 (holding the officer defendant was not entitled to qualified immunity on a claim of excessive force during arrest because “a broad[], clearly established principle . . . control[led

Scott v. City of Cape Coral

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

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established … Instead, Scott cites only to broad principles establishing the qualified immunity standard. (See Doc. #52, pp. 17-19.) This does not suffice.

Burris v. Weinberger

385 F. Supp. 412 · District Court, M.D. Florida · Nov 27, 1974

had not actually established by application to the defendant a disability meeting federal standards. … Thus, the interest of the eligible recipient in uninterrupted re *415 ceipt of public assistance, coupled with the State’s interest that his payments not be erroneously terminated, clearly outweighs the State’s competing

Clark v. Collier County Sheriff Kevin Rambosk

District Court, M.D. Florida · Feb 24, 2025

right; and (2) whether the constitutional or statutory right was clearly established. … Having found no constitutional violation, the Court need not address the clearly established prong of the qualified immunity analysis. Gaines v.

Barton v. City of Eustis, Fla.

415 F. Supp. 1355 · District Court, M.D. Florida · Jul 13, 1976

Finally, defendants urge the Court to dismiss this case because they are armed with a qualified, good faith immunity under the common law, unless plaintiffs can show (1) that objectively defendants acted in deliberate disregard … It is beyond dispute 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.

Sheets v. Charlotte County

District Court, M.D. Florida · Apr 9, 2025

Several individual Defendants (Pribble, Cestaro, Flores) have moved to dismiss the complaint based on qualified immunity. (Doc. 53.) They now ask the Court to stay discovery while their motion awaits disposition. … But the County is not entitled to qualified immunity and its tangential protections. All things considered, the Court will not stop discovery for the County because it remains a viable defendant without immunity.

Vaughn v. Kerley

897 F. Supp. 1413 · District Court, M.D. Florida · Aug 7, 1995

Yet, it is well-established that many life threatening ailments initially manifest themselves as more trivial conditions. In fact, Dr. … DEFENDANTS’ ALLEGATIONS Defendants claim that Plaintiff is attempting to hold some of the Defendants liable under the theory of respondeat superior, that Defendants are entitled to Eleventh Amendment and qualified immunity

Mayhew v. Rubio

District Court, M.D. Florida · Feb 3, 2020

In any event, Defendant Rubio is entitled to qualified immunity from this suit. … 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

Mariani v. Nocco

District Court, M.D. Florida · Mar 29, 2022

“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 … As Plaintiff has not demonstrated that he suffered harm to a clearly established constitutional right, qualified immunity shields Defendants from being sued based on the allegations here.