Case law

Parfitt v. Florida Gulf Coast University Board of Trustees

District Court, M.D. Florida · Apr 15, 2020

So the burden shifts for Parfitt to show qualified immunity is improper. Lewis v. City of W. Palm Beach, Fla., 561 F.3d 1288, 1291 (11th Cir. 2009). … “To defeat qualified immunity, ‘(1) the relevant facts must set forth a violation of a constitutional right, and (2) the defendant must have violated a constitutional right that was clearly established at the time of defendant

D'Amico v. Montoya

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

Qualified Immunity Nurse Bennefield asserts she is entitled to qualified immunity from liability under § 1983. Doc. 20 at 20-22. … An official sued in her individual capacity “is entitled to qualified immunity for [her] discretionary actions unless [s]he violated ‘clearly established statutory or constitutional rights of which a

Hewitt v. Liberty Mutual Group, Inc.

268 F.R.D. 681 · District Court, M.D. Florida · May 27, 2010

The party failing to comply with Rule 26(a) bears the burden of establishing that its non-disclosure was either substantially justified or harmless. Surety Assocs., Inc. v. Fireman’s Fund Ins. … However, it does not appear that his designation as an expert was within 30 days of Liberty Mutual’s designation of its expert by March 1, 2010, as required under Rule 26(a)(2)(C), and his opinions clearly go beyond the scope

Oakes Farms Food & Distribution Services, LLC v. The School District of Lee County, Florida

District Court, M.D. Florida · May 28, 2021

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … “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.”

Harris v. Wingo

District Court, M.D. Florida · Oct 29, 2021

established Fourth Amendment rights, and the deputies were not entitled to qualified immunity, Id. at 896. … immunity.

Haegele v. Judd

District Court, M.D. Florida · Dec 29, 2020

In order to establish a defense of qualified immunity, a government official must first demonstrate that he or she was acting within his or her discretionary authority. … Haegele “must establish qualified immunity is not appropriate because the facts when viewed in the light most favorable to [her] show that [Deputies Hicks and Green] violated

Brown v. Thomas

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

The Eleventh Circuit held the law can be “‘clearly established’ for qualified immunity purposes, ‘only by decisions of the U.S. … Under the Plaintiff’s version of the facts, the law is clearly established at the time of the alleged deprivation. As such, Defendant Thomas is not entitled to qualified immunity.

United States v. Vazquez

796 F. Supp. 2d 1370 · District Court, M.D. Florida · Jun 28, 2011

. § 4B1.1, however, Vazquez qualified as a career offender, which resulted in an enhancement of his offense level by six levels and increased his criminal history category to a VI. … therefore immune from criticism).

Alexis, Inc. v. Pinellas County, Florida

194 F. Supp. 2d 1336 · District Court, M.D. Florida · Mar 29, 2002

The decision in Grosjean clearly establishes that the fundamental rights “safeguarded by the first eight amendments against federal action, [are] also safeguarded against state action by the due process of law clause of the … Spoons stated that sexually oriented businesses do not qualify as highly regulated industries due to the protection afforded such businesses by the First Amendment. Id. at 1040. 16 .

Burgess v. Snider

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

The defendants also asserted entitlement to qualified immunity. (Id.) … Likewise, as to the defendants’ argument that they are entitled to qualified immunity, “the law was clearly established that correctional officers could not use force maliciously or sadistically

FULL CIRCLE DAIRY LLC v. McKinney

467 F. Supp. 2d 1343 · District Court, M.D. Florida · Nov 30, 2006

There is a two pronged analysis to qualify as a “contractor”. … Though the stipulation establishes that defendants built the structural components of the structures, the Court cannot find that defendants *1347 qualify as “general contractors” on this record. 4 2.

Culbreath Isles Property Owners Ass'n v. Travelers Casualty & Surety Co.

151 F. Supp. 3d 1282 · District Court, M.D. Florida · Oct 22, 2015

The greater weight of the evidence before this Court clearly demonstrates that the settlement agreement entered into by - Culbreath and Buell & Elligett, P.A. … In this case, the credible and indisputable evidence clearly establishes that although Buell may have believed that what Kirkwood ultimately wanted was a dismissal of the lawsuit and the payment of her attorney’s fees, he

Williams v. Galloway

District Court, M.D. Florida · Jul 1, 2020

Under the doctrine of qualified immunity, Defendants may claim they are entitled to qualified immunity from monetary damages in their individual capacities. … To defeat qualified immunity with respect to these Defendants, Williams must show both that Defendants committed a constitutional violation, and that the constitutional right violated was clearly established.

Lovett v. Lewis

District Court, M.D. Florida · Mar 5, 2024

Lovett claims that Judge Toner erroneously rejected his sovereign-immunity arguments, but such a ruling clearly qualifies as a judicial act. See, e.g., Jones v. Ogeechee Jud. Cir. Dist. … But “[i]n order to receive declaratory or injunctive relief, plaintiffs must establish that there was a violation, that there is a serious risk of continuing irreparable injury if the relief is not granted, and the absence

Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, Florida

District Court, M.D. Florida · Feb 21, 2023

To defeat a public official’s qualified immunity defense, a plaintiff must demonstrate first, that the defendant violated a constitutional right and second, that the violation was clearly established. McClish v. … And “[o]nly when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity.” Id. (citing Vinyard v.

Ray v. Cutter Laboratories, Division of Miles, Inc.

744 F. Supp. 1124 · District Court, M.D. Florida · Sep 7, 1990

Plaintiffs claim that Ricky, Randy, and Robert Ray were infected by the Acquired Immune Deficiency Syndrome (AIDS) virus as a result of their use of plasma products manufactured by Defendants. … Randy, Ricky, and Robert Ray have undergone blood tests which indicate that all have been exposed to the HIV virus which is known to cause Acquired Immune Deficiency Syndrome or “AIDS.”

DeGraw v. Gualtieri

District Court, M.D. Florida · Sep 21, 2020

Liability of Deputy Goepfert The defense of qualified immunity is available to a law enforcement officer if acting within his or her discretionary authority unless the acts violate “clearly … To defeat qualified immunity, Plaintiff must show both 1) a constitutional violation occurred, and 2) at the time of the challenged acts, the law clearly established the unconstitutionality of the conduct. Hope v.

United States v. Hamilton

428 F. Supp. 2d 1253 · District Court, M.D. Florida · Mar 16, 2006

Clearly, then, district courts now have discretion in fashioning an appropriate sentence under the facts and circumstances of each case. See U.S. v. … Congress’ effort to reduce the trafficking of crack cocaine by imposing draconian penalties has clearly not worked.

Sheets

District Court, M.D. Florida · Feb 9, 2026

officials from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because Sheets has sufficiently pled a violation of a clearly established right, Officer Woelk is not entitled to qualified immunity and Count II survives.

Dyal v. Jones

District Court, M.D. Florida · Mar 24, 2020

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