Case law

Rodriguez-Bonilla v. Ivey

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

(a) Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Now, as in the Fourth Amendment context, “[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

Gaffney v. Rives

District Court, M.D. Florida · Sep 15, 2023

To receive qualified immunity, “an official must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.” McCullough 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.

Benoit v. City of Lake City

343 F. Supp. 3d 1219 · District Court, M.D. Florida · Oct 16, 2018

Additionally, Officer Ford contends that he is immune from Benoit's false arrest claim under Florida law pursuant to Florida Statute section 768.28(9)(a), and that he is entitled to qualified immunity against Benoit's Section … As such, Officer Ford would be entitled to qualified immunity.

United States Ex Rel. Mitchell v. Jacksonville Terminal Co.

316 F. Supp. 567 · District Court, M.D. Florida · May 5, 1970

If qualified Negro employees were overlooked in favor of less qualified white employees, that fact could have been shown and established by probative evidence. … NOTE: The word “sufficient” is intended to more clearly establish the right of the senior clerk or employee to bid in a new position or vacancy where two or more employees have adequate fitness and ability. 10.

Cassidy v. McNeil

621 F. Supp. 2d 1222 · District Court, M.D. Florida · Jun 24, 2008

established federal law, did not involve an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court … Upon review, it is clear that the state court’s adjudication of the claim was not contrary to clearly established federal law, nor did it involve an unreasonable application of clearly established federal law.

Holt v. Hillsborough County

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

In other words, to prove her case is to prove Hillsborough County’s immunity.5 4 This assumes that an action raising a defamation claim may sometimes qualify as an “[a]ction[] at law . . . … This meant that the plaintiff could not “establish liability without simultaneously establishing the tort immunity” of the port authority.

Burgess v. Jones

District Court, M.D. Florida · Aug 15, 2019

Qualified Immunity An officer sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established … Plaintiff satisfies his burden on qualified immunity.

Hasani Jackson v. Florida Department of Revenue Child Support Program, and Timothy Sierra, in his official capacity

District Court, M.D. Florida · Jun 11, 2026

Jackson also fails to satisfy any of the rare circumstances where a private individual may qualify as a state actor. … The two other exceptions to Eleventh Amendment immunity are similarly inapplicable. An exception applies if a state expressly waives its immunity under the Eleventh Amendment.

Liboy Ex Rel. Liboy v. Rogero Ex Rel. Rogero

363 F. Supp. 2d 1332 · District Court, M.D. Florida · Feb 22, 2005

Summary judgment is mandated against the non-moving party who thereafter fails to designate evidence sufficient to establish a genuine issue of *1336 fact for trial. Id. at 322, 324-25 , 106 S.Ct. 2548 . … Webb , in addition, denied a county’s claim of immunity from an inadequate-warning-devices claim, finding that the planning required to implement such warnings did not trigger sovereign immunity.

E-Ventures Worldwide, LLC v. Google, Inc.

188 F. Supp. 3d 1265 · District Court, M.D. Florida · May 12, 2016

The purpose of the CDA is to establish “federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Almeida v. … While the majority of federal circuits have held that such immunity is “broad,” the statutory immunity provided for under the CDA “does not apply without limitation.”

Evans v. City of Neptune Beach

61 F. Supp. 2d 1245 · District Court, M.D. Florida · Dec 23, 1998

municipalities can be liable under § 1983 for failure to train only where such failure reflects a deliberate indifference to constitutional rights); as to the claim against Marshall, success depends upon proof of violation of a clearly-established … Doe, 38 F.3d 1559, 1564 (11th Cir.1994)(examining plaintiffs contentions to determine whether he stated a constitutional violation before examining defendants’ assertion of qualified immunity). *1251 In the instant case,

Jones v. Barlow

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

Ctr., 40 F.3d 1176, 1185 n.16 (11th Cir. 1994) (explaining that qualified immunity is only available to defendants sued in their individual capacity), overruled in part on other grounds, Hope v. … Moreover, Defendants’ answer and motion for summary judgment raise the defense of qualified immunity, which is only available to parties being sued in their individual capacity.

Barriera v. Inch

District Court, M.D. Florida · Mar 3, 2021

“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 of which … Next, the Court must determine whether the law was clearly established at the relevant time period.

Hannah v. Armor Correctional Health Services, Inc.

District Court, M.D. Florida · Sep 23, 2020

In addition, Laughlin argues that he is entitled to qualified immunity. … Previously, Judge Moody denied Laughlin’s motion to dismiss based on qualified immunity, which raised identical or substantially similar arguments. (Doc. 59).

Kocher v. Poe & Brown, Inc.

123 F. Supp. 2d 1337 · District Court, M.D. Florida · Oct 18, 2000

Plaintiff has established a prima facie case of age discrimination. … This twenty-four year difference clearly satisfies the prong that Defendant replaced Plaintiff with someone substantially younger.

Bibbs

District Court, M.D. Florida · Jan 12, 2026

“Like other forms of official immunity, judicial immunity is an immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 10 (1991). … First, the entry of a case management order is a clear judicial act as both the act of case management and the entry of orders qualify as judicial acts. See Mullane v.

Kazanzas v. Walt Disney World Co.

518 F. Supp. 292 · District Court, M.D. Florida · Jul 14, 1981

That notice clearly advises of the need for compliance with the 180 day filing provision. … Aside from the fact that the court lacks such authority, the jury’s finding was clearly justified by the evidence.

Gomez v. Lister

District Court, M.D. Florida · Jan 12, 2021

Qualified Immunity Defendant Stormant argues that she is entitled to qualified immunity because she was acting within her discretionary authority and Plaintiff fails to … violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’’

O'Connor v. Backman

District Court, M.D. Florida · Jan 13, 2021

Deliberate Indifference Claims: Qualified Immunity Defendants invoke qualified immunity as to the § 1983 claims against them in their individual capacities. … An official sued in his individual capacity “is entitled to qualified immunity for his discretionary actions unless he violated ‘clearly established statutory or constitutional rights of which a reasonable

Doty v. City of Tampa

947 F. Supp. 468 · District Court, M.D. Florida · Nov 18, 1996

QUASI-JUDICIAL IMMUNITY The second issue raised by the defendants is whether hearing masters Manelli and Cannon are absolutely immune from liability. … While it is true that Doty is suing inspector Smith and hearing masters Manelli and Cannon in both their individual and official capacities, the line between these two capacities is not clearly drawn in the complaint.