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  • 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.

    Cited 0 timesUnknown
  • Smith v. Beasley

    775 F. Supp. 2d 1344 · District Court, M.D. Florida · Mar 14, 2011

    It is clearly established in this circuit that foster children have a constitutional right to be free from unnecessary pain and a fundamental right to physical safety. … None of the Defendants has raised the defense of qualified immunity. 10 .

    Cited 4 timesPublished
  • Black v. Lane

    District Court, M.D. Florida · Mar 22, 2024

    In sum, the “clearly established” part of the qualified-immunity inquiry asks whether the law when the officer engaged in the challenged conduct gave him “‘fair warning’ that … prong because the officer is entitled to qualified immunity, regardless.

    Cited 0 timesUnknown
  • Soanes v. Maddox

    District Court, M.D. Florida · Feb 21, 2025

    “Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly established statutory or constitutional rights … If the official 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.

    Cited 0 timesUnknown
  • United States v. Pegg

    49 F. Supp. 2d 1322 · District Court, M.D. Florida · Apr 28, 1999

    However, the defendant has clearly established the existence of an actual conflict of interest based on Baxter’s allegations. … Attorney’s Office for the Middle District of Florida, through a letter signed by Collazo, agreed to participate in a multi-district immunity agreement granting Bucky Pegg the immunity he requested.

    Cited 3 timesPublished
  • Wilson

    District Court, M.D. Florida · Apr 20, 2026

    Motion & Response Defendant Moore invokes qualified immunity. See Doc. 47 at 10–11. … Plaintiff must satisfy both prongs to survive a qualified-immunity defense. Hinson v. Bias, 927 F.3d 1103, 1116 (11th Cir. 2019).

    Cited 0 timesUnknown
  • Hope v. Taylor

    District Court, M.D. Florida · Feb 23, 2021

    Was the Right Clearly Established? … The Court turns to the next step in the qualified immunity analysis, which is to determine whether the right was “clearly established.” Trammel, 559 F.

    Cited 0 timesUnknown
  • Tews v. Terrell

    District Court, M.D. Florida · Feb 19, 2021

    officials does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To do so, Tews must establish two elements: (a) that the defendant violated a constitutional right, and (b) the right violated was clearly established. Kingsland v.

    Cited 0 timesUnknown
  • Rhodes v. Robbins

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

    To do so, Rhodes must establish two elements: (a) that Robbins violated a constitutional right, and (b) the right violated was clearly established. Kingsland v. … The Court may consider these elements in whichever order it chooses, and qualified immunity will protect the defendant if the plaintiff fails to establish either element. Pearson v.

    Cited 0 timesUnknown
  • United States v. Real Property Located at 12921 Treeline Avenue

    837 F. Supp. 1168 · District Court, M.D. Florida · Nov 12, 1993

    to indicate that Congress waived such immunity when drafting the federal forfeiture statutes. … The term “innocent owner” applies to any “owner” who can establish either lack of knowledge about the illegal source of the proceeds or lack of consent to the illegal act.

    Cited 1 timesPublished
  • Hannah v. Armor Correctional Health Services, Inc.

    District Court, M.D. Florida · Oct 16, 2020

    Qualified Immunity or Good Faith Immunity Polanco also argues that she should be entitled to qualified immunity or “good faith” immunity. … In her Answer, Polanco only mentions qualified immunity. (Doc. 62).

    Cited 0 timesUnknown
  • Hamilton v. City of Lakeland Police Department

    District Court, M.D. Florida · Aug 26, 2020

    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 … If he fails to establish a constitutional violation, that is the end of the inquiry and the Defendants are entitled to qualified immunity. See Pearson, 555 U.S. at 232.

    Cited 0 timesUnknown
  • Weissman v. Carr (In Re Weissman)

    173 B.R. 235 · District Court, M.D. Florida · Oct 19, 1994

    following the original § 341 meeting. 6 With the procedural advantage afforded by this narrow interpretation of Rule 4003(b), debtors could routinely file under Chapter 13, list the bare minimum of property on Schedule C to qualify … for Chapter 13 status, and once the time limit for objections expires, claim the same exemptions after converting to Chapter 7, thereby protecting certain assets even if the law clearly would otherwise prohibit such claims

    Cited 16 timesPublished
  • Debrecht v. Osceola County

    243 F. Supp. 2d 1364 · District Court, M.D. Florida · Feb 7, 2003

    . *1368 “[A]n employer seeking to establish an exemption first seeks to qualify under the ‘short test;’ if that effort fails, the ‘long test’ is used.” Id. at 805. … Defendant seeks to establish that Plaintiffs are exempt under the requirements of the short test.

    Cited 6 timesPublished
  • Newcome v. Hernando County Sheriff's Office

    District Court, M.D. Florida · Aug 4, 2023

    In their respective motions, Defendants argue that the undisputed facts show that Plaintiffs cannot establish their claims, and that Defendants are entitled to qualified immunity. … the plaintiff’s constitutional rights, and (2) whether the plaintiff’s rights were clearly established.

    Cited 0 timesUnknown
  • Fowler v. Adams

    315 F. Supp. 592 · District Court, M.D. Florida · Jul 25, 1970

    Proof of an attempt to qualify was critical to the plaintiff’s establishment of standing. … This section is clearly inapplicable since neither Florida nor any political subdivision thereof is subject to the prohibition set forth in Title 42, U.S.C., Section 1973b (a) and (b).

    Cited 14 timesPublished
  • Butler v. Marion County Sheriff's Office

    District Court, M.D. Florida · Jan 15, 2025

    Ray, 386 U.S. 547, 553-554 (1967) (noting that “[f]ew doctrines are more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction”) … Moreover, Plaintiff's theories of liability as to each Deputy are not clearly alleged.

    Cited 0 timesUnknown
  • Sapp v. Marcum

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

    The Defendants5 contend they are entitled to qualified immunity and Florida statutory immunity and that their conduct was entirely proper and did not violate clearly established statutory or constitutional rights. … Qualified Immunity “Qualified immunity protects government officials performing discretionary functions . . . from liability if their conduct violates no clearly established

    Cited 0 timesUnknown
  • Green v. Zuelke

    District Court, M.D. Florida · Apr 21, 2022

    Qualified immunity protects them from suit unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … was ‘clearly established at the time.’”

    Cited 0 timesUnknown
  • Merritt

    District Court, M.D. Florida · Mar 17, 2026

    In the Eleventh Circuit, qualified immunity is generally unavailable in cases alleging Eighth Amendment excessive force because the use of force maliciously and sadistically to cause harm is clearly established … Given the inherently factual and subjective nature of the inquiry, the Court cannot conclude that the Officers are entitled to qualified immunity at this stage, but they may re-raise a qualified immunity argument

    Cited 0 timesUnknown

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