Case law

Florida v. United States

133 F. Supp. 2d 1280 · District Court, N.D. Florida · Mar 2, 2001

(but would be subject to the possible defense of qualified immunity). [12] B. … Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995) (holding that where qualified immunity depends on disputed facts, an order denying summary judgment based on qualified immunity is not immediately appealable).

Florida v. United States

133 F. Supp. 2d 1280 · District Court, N.D. Florida · Mar 2, 2001

(but would be subject to the possible defense of qualified immunity). 12 B. … Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995) (holding that where qualified immunity depends on disputed facts, an order denying summary judgment based on qualified immunity is not immediately appealable).

Welch v. THEODORIDES-BUSTLE

753 F. Supp. 2d 1223 · District Court, N.D. Florida · Nov 17, 2010

Moreover, under both the Driver’s Privacy Protection Act and § 1983, a defendant who is a public employee may invoke the defense of qualified immunity. … Compliance with state law sometimes affects the qualified-immunity analysis, but qualified immunity is a defense only to a damages claim, not to a claim for injunctive or declaratory relief.

Adams v. Wainwright

512 F. Supp. 948 · District Court, N.D. Florida · Apr 15, 1981

In addition, at the time of these officials’ actions, there were no “clearly established judicial decisions” making their actions unconstitutional. Dilmore v. Stubbs, supra at 969, citing Bogard v. … These officials did not act with such disregard of the plaintiff’s clearly *955 established constitutional rights that their actions cannot reasonably be characterized as being in good faith. Procunier v.

Pate v. Peel

256 F. Supp. 2d 1326 · District Court, N.D. Florida · Mar 31, 2003

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Madera v. Detzner

325 F. Supp. 3d 1269 · District Court, N.D. Florida · Sep 10, 2018

"[T]he principle of sovereign immunity is a constitutional limitation on the federal judicial power established in Art. III." Pennhurst State Sch. & Hosp. v. … Defendant Detzner argues these numbers fail to clearly establish a likelihood of success on the merits because Dr.

Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services

164 F.R.D. 257 · District Court, N.D. Florida · Nov 30, 1995

At issue was the immunity of legislators from suit. Similarly, Schlitz v. Com. of Va., 854 F.2d 43 (4th Cir.1988) 3 also involved a question of legislative immunity from suit. The same is true of Orange v. … But that is an immunity flowing from the absolute immunity from suit conferred by Tenney . It is not an evidentiary privilege. Moreover, that is not the case at bar, since Plaintiffs do not sue legislators.

Burgess v. Miller

492 F. Supp. 1284 · District Court, N.D. Florida · Jun 10, 1980

Good Faith Immunity The Defendants claim a qualified immunity as a defense if a constitution deprivation was proved. I have concluded there was no constitutional deprivation. … An executive’s qualified immunity is established when the evidence shows the official acted sincerely with a belief he or she was doing right and that the belief was reasonable. Wood v.

STROUD

District Court, N.D. Florida · Aug 20, 2026

Either way, the defendants have qualified immunity. … This is clearly established by Farmer v. Brennan, 511 U.S. 825, 837 (1994), and its progeny.

Miami Herald Media Co. v. Fla. Dep't of Transp.

345 F. Supp. 3d 1349 · District Court, N.D. Florida · Oct 5, 2018

One of the primary purposes of the removal statute-as its history clearly demonstrates-was to have such defenses litigated in the federal courts.... … The United States also asserts in its notice that (1) "[t]he NTSB is *1363 an independent establishment of the United States Government entitled to sovereign immunity"; (2) the NTSB "is an indispensable party that, under

Shinholster v. Graham

527 F. Supp. 1318 · District Court, N.D. Florida · Nov 30, 1981

Clearly, on their face, Sections 111.07 and 111.071 substantiate the conclusion that neither Section 768.28 by itself, or coupled with Chapter 284, should be construed as a waiver of Eleventh Amendment immunity by the State … Similarly, the legislative history of those statutes clearly demonstrates that it was neither the intent nor the desire of the Florida legislature to waive the Eleventh Amendment immunity by enactment of those statutes.

COOPER v. CANNON

District Court, N.D. Florida · Oct 21, 2024

Cannon Is Entitled to Qualified Immunity. … Qualified Immunity Standard Qualified immunity provides “complete protection for government officials sued in their individual capacities as long as their conduct

Watson v. Edelen

76 F. Supp. 3d 1332 · District Court, N.D. Florida · Jan 5, 2015

Qualified Immunity Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … Qualified immunity is a defense not only from liability, but also from suit, so courts should ascertain the validity of a qualified immunity defense as early in the lawsuit as possible. See id.

CHAMBERS v. BUTLER

District Court, N.D. Florida · Oct 21, 2024

Thus, all that remains is the second part of the qualified immunity inquiry—whether the constitutional right was clearly established when the incident occurred. … And once it is determined that “the use of force is not entitled to qualified immunity and other officers could have intervened but did not, the Court does not conduct a separate clearly established analysis pertaining

Osterback v. Kemp

300 F. Supp. 2d 1238 · District Court, N.D. Florida · Oct 15, 2003

Qualified Immunity Defendants have argued their entitlement to qualified immunity. Doc. 82, p. 16. … clear to overcome qualified immunity defense).

Avera v. United Air Lines

686 F. Supp. 2d 1262 · District Court, N.D. Florida · Jan 28, 2010

In 1959, the FAA established age 60 as the retirement age for air carrier pilots (hereinafter, the “Age 60 Rule”). Doc. 43., at 3-4. … Doc. 52, p. 7; 49 U.S.C. § 44729 (e)(2). 6 Sovereign Immunity The federal Defendants raise sovereign immunity to Plaintiffs claims for monetary damages. Doc. 52, p. 8.

FORD

District Court, N.D. Florida · May 20, 2026

To overcome qualified immunity at the motion to dismiss stage, “the operative complaint must plausibly plead that [1] the defendant violated the plaintiff’s federal rights and [2] those rights were clearly established … The Court will now turn to the second step of the qualified immunity analysis, which is determining whether the right was clearly established. B.

Villas of Lake Jackson, Ltd. v. Leon County

796 F. Supp. 1477 · District Court, N.D. Florida · Jun 15, 1992

Whether the individual Defendants have absolute legislative immunity or qualified immunity. Defendants have read count V as seeking to impose individual liability only for the constitutional wrong in count I. … Ruling is deferred as to absolute or qualified immunity of the individual Defendants. 4. Defendants’ motion to strike is DENIED. 5.

Walden v. Florida Department of Corrections

975 F. Supp. 1330 · District Court, N.D. Florida · Jun 24, 1996

abrogated a state’s Eleventh Amendment immunity. … Characterizing the Union Gas decision as a “solitary departure from established law,” 517 U.S. at-, 116 S.Ct. at 1128 , 134 L.Ed.2d at 273 , the Seminole Tribe Court explained that Congress may not use its article I powers

Schism v. United States

972 F. Supp. 1398 · District Court, N.D. Florida · Jun 10, 1997

Jurisdiction (1) Sovereign Immunity. The United States is a sovereign and is immune from suit unless it has expressly waived such immunity and consented to be sued. United States v. … The statutory scheme in question clearly excludes those military retirees over age 65 from the Tricare program.