Case law

M.S. ex rel. Soltys v. Seminole County School Board

636 F. Supp. 2d 1317 · District Court, M.D. Florida · Jul 10, 2009

duties have the benefit of qualified immunity when sued in their individual capacities so long as their conduct does not violate any clearly established statutory or constitutional rights known to a reasonable person. … Whether the Law Was Clearly Established The right to be free from excessive and arbitrary corporal punishment in a school context is clearly established under the precedent of the U.S.

Bakri v. City of Daytona Beach

716 F. Supp. 2d 1165 · District Court, M.D. Florida · May 7, 2010

“Qualified immunity protects municipal officers from liability in § 1983 actions as long ‘as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The officers have not established entitlement to the defense of qualified immunity, and in fact the undisputed evidence establishes that in arresting Plaintiff they violated clearly established constitutional rights.

White v. Fl. Hwy. Patrol, Div. of Fl. Dept. of Hwy.

928 F. Supp. 1153 · District Court, M.D. Florida · Jun 10, 1996

Qualified immumty protects officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or Constitutional rights of which a reasonable person would … This Circuit established a two-step analysis for applying the Harlow qualified immumty test. Zeigler v. Jackson, 716 F.2d 847, 849 (11th Cir.1983).

Bryant v. Mostert

636 F. Supp. 2d 1303 · District Court, M.D. Florida · Jul 7, 2009

“The doctrine of 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 … City of Dade City, 327 F.3d 1186 , 1193-94 (11th Cir.2003) (“[qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate ‘clearly established statutory or

Hill v. United States

District Court, M.D. Florida · Apr 10, 2023

Hill brings her claims against the United States pursuant to the FTCA’s qualified waiver of sovereign immunity. See Dolan v. U.S. … Postal Serv., 546 U.S. 481, 485 (2006) (“The FTCA qualifies its waiver of sovereign immunity for certain categories of claims (13 in all).”).

Greer v. Ivey

242 F. Supp. 3d 1284 · District Court, M.D. Florida · Mar 14, 2017

Clearly Established Law Even assuming a constitutional violation, Haman and Canela “are entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were ‘clearly established’ at the time of the … Under the second prong of the qualified immunity analysis, “[t]he relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable [police officer] that his

Martinez Verde v. Pasco County Sheriff's Department

District Court, M.D. Florida · Mar 8, 2023

Assuming probable cause and arguable probable cause were lacking for Plaintiff’s arrest, they claim that qualified immunity still applies because there was no violation of clearly established law to make out a First Amendment … Qualified immunity shields federal and state officials from money damages unless the plaintiff can establish that (1) the official violated a statutory or constitutional right, and (2) the right was clearly

Malloy v. Coleman

961 F. Supp. 1568 · District Court, M.D. Florida · Apr 9, 1997

of qualified immunity. … Therefore, the usual rule is that qualified immunity applies to those actions, unless Plaintiff can establish that Defendant Coleman’s actions violated “clearly established” law. See Lassiter 28 F.3d at 1150 .

Hernandez v. Pasco County Sheriff's Department

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

Assuming probable cause and arguable probable cause were lacking, he claims that qualified immunity still applies because there was no violation of clearly established 4 The Complaint does not state whether these claims … Qualified immunity shields federal and state officials from money damages unless the plaintiff can establish that (1) the official violated a statutory or constitutional right, and (2) the right was clearly

Waldron v. Spicher

349 F. Supp. 3d 1202 · District Court, M.D. Florida · Oct 5, 2018

SUMMARY JUDGMENT Spicher seeks summary judgment in his favor, claiming he is entitled to qualified immunity because the undisputed material facts show that he did not violate a clearly established constitutional right. … Anthony's constitutional right was clearly established .

Saunders v. Hunter

980 F. Supp. 1236 · District Court, M.D. Florida · Oct 2, 1997

Count IV; Qualified Immunity Defense Arguments The two (2) remaining defendants in Count IV are Hansen and Jones. The defendants assert protection from prosecution under the qualified immunity defense. … Count VI; Qualified Immunity Since the qualified immunity issue standard was discussed above, the question is whether Sheriff Hunter could have believed, as the supervisor, that doing nothing in response to the knowledge

Lloyd v. Leeper

District Court, M.D. Florida · Mar 31, 2020

Lloyd also asserts that Leeper violated clearly established policy and procedures when he kept Lloyd in jail despite the lack of probable cause. Id. … United States District Judge 1 In light of the Court’s ruling above, it is unnecessary to address Defendants’ remaining arguments that they are entitled to qualified immunity.

Davidson v. City of Jacksonville, Fla.

359 F. Supp. 2d 1291 · District Court, M.D. Florida · Feb 16, 2005

In response, Defendants raise a claim of qualified immunity. … “The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional

Denmark v. Lee County

931 F. Supp. 831 · District Court, M.D. Florida · Jul 1, 1996

Defendant Schramm seeks summary judgment on Plaintiff’s claims pursuant to 42 U.S.C. § 1983 on the basis of qualified immunity. … This Circuit has adopted a two-pronged analysis for determining objective-reasonableness with regard to a qualified immunity defense. See Courson v.

Blumel v. Mylander

954 F. Supp. 1547 · District Court, M.D. Florida · Jan 23, 1997

The affirmative defense of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Even if CCA were entitled to raise the affirmative defense of qualified immunity, its policy, on its face, violated “clearly established ... constitutional rights of which a reasonable person would have known.”

Steffen v. United States

952 F. Supp. 779 · District Court, M.D. Florida · Jan 22, 1997

qualified immunity. 8. … Accordingly, the doctrine’s high “clearly established” standard is used to minimize social costs associated with litigation, i.e.

Smith v. United States

896 F. Supp. 1183 · District Court, M.D. Florida · Aug 17, 1995

Qualified Immunity Procknow and Goodwill have urged that they be accorded qualified immunity from suit in this case. … "Qualified immunity protects government officials performing discretionary functions from civil trials ... and from liability if their conduct violates no `clearly established statutory or constitutional rights of which a

Palmer v. Hampton

District Court, M.D. Florida · Sep 9, 2021

They also assert that they are entitled to qualified immunity. See id. at 19-20. … Thus, to defeat qualified immunity with respect to each Defendant, Palmer must show both that the specific Defendant committed a constitutional violation, and that the constitutional right violated was clearly established

Signature Pharmacy, Inc. v. Soares

717 F. Supp. 2d 1276 · District Court, M.D. Florida · Jun 10, 2010

Qualified immunity also protects officers in the execution of search warrants. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Rhodes-Courter Ex Rel. Courter v. Thompson

252 F. Supp. 2d 1359 · District Court, M.D. Florida · Mar 20, 2003

Qualified Immunity Even though Plaintiff has stated a Section 1983 cause of action, Defendants would be entitled to have the Amended Complaint dismissed if they were entitled to qualified immunity. See Marsh v. … Qualified immunity is an affirmative defense that in the posture of a motion to dismiss must clearly appear on the face of the complaint. See Powell v. Ga.