Case law

Dayton v. City of Marco Island

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

“Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Given the plausible violation of a clearly established constitutional right, the Court cannot dismiss the claim against Brechnitz based on qualified immunity. B.

Keaton v. Cartwright

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

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.”

Martin V. Horn

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

that qualified immunity is inappropriate. … Thus, to defeat qualified immunity with respect to each Defendant, Martin must show both that the specific Defendant committed a constitutional violation, and that the constitutional right violated was clearly established

Barlow v. Marion County Hospital District

495 F. Supp. 682 · District Court, M.D. Florida · Jul 29, 1980

The complaint alleges facts which clearly suggest that defendants’ practices were in accordance with “custom or usage” of the governing body. … On review by certiorari, the Supreme Court only reached the jurisdictional issues and concluded that the complaint failed to establish plaintiffs’ standing to sue.

Jones v. Barlow

District Court, M.D. Florida · Jul 26, 2021

“Courts utilize a two-part framework to evaluate qualified immunity claims. One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation.” … Jones “has not . . . produced a clearly establish[ed] line of precedent that would show the [O]fficers’ actions were unconstitutional.” (Doc. 133 at 24.)

Fields v. Haas

District Court, M.D. Florida · Jun 17, 2025

Even if Defendants did behave in an investigative role at some point, all allegations that Defendants violated Plaintiff’s clearly established rights, such as charging without probable cause, proffering a fabricated … See Rowe, 279 F.3d at 1281 (finding that the plaintiff failed to allege any violation of clearly established rights while the prosecutor was acting in an investigative role). Therefore, Mr.

Miller v. Willis

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

violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Because Plaintiff asserts facts that, accepted as true, amount to an Eighth Amendment violation under clearly established law, Defendants are not entitled to qualified immunity. See Danley v.

Doss v. Holder

District Court, M.D. Florida · Sep 28, 2023

As such, a court may grant a motion to dismiss on qualified immunity grounds where the complaint fails to allege the violation of a clearly established constitutional right. Corbitt v. … If a defendant establishes that he was acting within discretionary authority, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate,” Brooks v.

Sheets v. Woelk

District Court, M.D. Florida · May 23, 2025

Defendant Officer Matthew Woelk has moved to dismiss the complaint based on qualified immunity. (Doc. 43.) He now asks the Court to stay discovery while his motion awaits disposition. … Their motions to dismiss do not raise qualified immunity (Docs. 40, 45), and Defendants do not otherwise present any reason that discovery should be stayed for these individuals.

Marion v. Citrus County Sheriff's Office

District Court, M.D. Florida · May 21, 2024

immunity. … As mentioned above, Marion’s claim against Penney was dismissed at the summary judgment stage due to Marion’s inability tc overcome Penney’s qualified immunity.

Harris v. Wingo

District Court, M.D. Florida · Nov 5, 2019

Qualified immunity provides “complete protection for individual public officials performing discretionary functions insofar as their conduct does not violate clearly established statutory … (b) Clearly Established Law Deputy Wingo argues that, “even if the force applied was objectively unlawful,” it was not clearly established at the time of Plaintiff

Stewart v. Boone

District Court, M.D. Florida · May 30, 2025

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 … As such, the burden shifts to Plaintiff, who must point to facts that, accepted as true, demonstrate each Defendant violated a constitutional right that was clearly established at the time. Id.

Kobold v. Aetna U.S. Healthcare, Inc.

258 F. Supp. 2d 1317 · District Court, M.D. Florida · Apr 14, 2003

Additionally, breach of fiduciary duty is a clearly established claim under ERISA. 29 U.S.C. § 1109 . Breach of contract, also preempted by ERISA, has an equivalent statutory provision under Section 502. … However, the success of Plaintiffs claims clearly does not require establishing an agency relationship, as Plaintiff *1323 is pursuing a claim of breach of fiduciary duty and discovery may establish that Aet-na served as

Global Marine Exploration, Inc. v. Unidentified, Wrecked & (For Finders-Right Purposes) Abandoned Sailing Vessel

348 F. Supp. 3d 1221 · District Court, M.D. Florida · Jun 29, 2018

No. 79-2 ¶ 15 ("The provenance (origin) of the three bronze cannon ... are clearly French."). … It does not appear to illuminate the burden of proof for establishing that the res is la Trinité and, thus, entitled to presumptive immunity from arrest.

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.

Cohan v. Marco Island Marina Ass'n

56 F. Supp. 3d 1254 · District Court, M.D. Florida · Sep 29, 2014

Consequently, because the “ADA clearly delineates” that a “sales or rental establishment” is a place of public accommodation, Plaintiff asserts that “Defendant ... allowing rentals of its facilities on a transient basis” … A review of 42 U.S.C. § 12182 (a) indicates that “rental establishments” are classified as places of public accommodation under the ADA.

Kuhlman v. United States

822 F. Supp. 2d 1255 · District Court, M.D. Florida · Aug 15, 2011

Under the doctrine of sovereign immunity, the Government is immune from suit unless it consents to be sued. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980) (citation omitted). … First, Ley’s conduct clearly involved an element of judgment or choice. The conduct at issue here is Ley’s determination of the manner in which he would act to find and apprehend Kuhlman, a fleeing suspect.

Hannah v. Armor Correctional Health Services, Inc.

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

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

Harris v. Wingo

District Court, M.D. Florida · Feb 24, 2022

In this case, the district court denied defendants’ motion for summary judgment asserting entitlement to qualified immunity. … But denial of summary judgment on a claim of qualified immunity does not establish liability for the underlying conduct.

Jets Services, Inc. v. Hoffman

420 F. Supp. 1300 · District Court, M.D. Florida · Oct 4, 1976

In fiscal 1975, the Fort Carson contract was once again a small business set-aside, reserved for competitive bidding among qualified small businesses. … Sec. 634 (b)(1) of the Small Business Act is a waiver of sovereign immunity, conferring jurisdiction over SBA and its officials to be sued. Romeo v.