Case law

Kamenesh v. City of Miami

772 F. Supp. 583 · District Court, S.D. Florida · Jul 15, 1991

Defendants’ Assertion of Qualified Immunity Defendants, in their individual capacities, contend that their actions are entitled to qualified immunity from Kamenesh’s constitutional tort claims. 13 “[Gjovernment officials … its discussion of qualified immunity to those general parameters. 14 .

Wohl v. City of Hollywood

915 F. Supp. 339 · District Court, S.D. Florida · Dec 13, 1995

Qualified immunity protects government officials performing discretionary functions from liability in their individual capacities “if their conduct does not violate clearly established statutory or constitutional rights of … In addressing Ward’s defense of qualified immunity, the Court applies the following two-step analysis utilized by the Eleventh Circuit: 1.

Dartland v. Metropolitan Dade County

681 F. Supp. 1539 · District Court, S.D. Florida · Mar 10, 1988

Qualified Immunity Pereira must show that at the time he dismissed Dartland, his “conduct did not violate clearly established ... constitutional rights of which a reasonable person would have known.” Harlow v. … In determining whether the law was clearly established, a court should be careful not to test the rule of law at such a level of generality as to render unavailable the defense of qualified immunity. Anderson v.

Vila ex rel. estate of Vila v. Miami-Dade County

65 F. Supp. 3d 1371 · District Court, S.D. Florida · Nov 25, 2014

However, the discretionary actions of police officers such as Officers Kelly and Guerra are immune from liability, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Therefore, Plaintiff must “establish that qualified immunity is not appropriate” by satisfying a two-part inquiry. Id. First; Plaintiff must show that the officers violated Mr. Vila’s constitutional right.

Spadaro v. City of Miramar

855 F. Supp. 2d 1317 · District Court, S.D. Florida · Feb 29, 2012

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 a reasonable person … A motion to dismiss will be granted on qualified immunity grounds if “the complaint fails to allege the violation of a clearly established constitutional right.” Id. (internal citations and quotations omitted).

Coletta v. the City of North Bay Village

962 F. Supp. 1486 · District Court, S.D. Florida · Apr 11, 1997

Qualified Immunity as to Counts II and III The individual defendants assert that they are entitled to qualified immunity from liability under 42 U.S.C. § 1983 , and that, therefore, Counts II and III should be dismissed as … Therefore, the Court proceeds to determine whether the plaintiff has met his burden of alleging that said activities violated clearly established constitutional law, or were done with the objective intent to harm him.

Lippman v. City of Miami

724 F. Supp. 2d 1240 · District Court, S.D. Florida · Jul 19, 2010

“[(Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Based on Shop’s formulation of the clearly established question, the Court rejects the formulation of the clearly established question presented by Defendants. 13 .

Hershell Gill Consulting Engineers, Inc. v. Miami-Dade County

333 F. Supp. 2d 1305 · District Court, S.D. Florida · Aug 24, 2004

Qualified immunity applies, they also argue, because at the time they engaged in the unlawful conduct, the rights asserted by the plaintiffs were not “clearly established.” … Thus we believe that the individual defendants have not established their entitlement to qualified immunity because case law (about which a reasonable official would have known) had clearly established by 1993 and 1994 that

Soto v. City of Miami Beach

26 F. Supp. 3d 1304 · District Court, S.D. Florida · Jun 13, 2014

entitled to qualified immunity from civil liability in their individual capacities when performing discretionary functions of their office “insofar as their conduct does not violate clearly established statutory or constitutional … , this does not inevitably remove the shield of qualified immunity.

Johnson v. Ft. Pierce Police Department

849 F. Supp. 1543 · District Court, S.D. Florida · Feb 25, 1994

However, factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the alleged actions. … Smith, Aikens and Kirk are entitled to summary judgment on the issue of qualified immunity, unless Johnson can show that those officers violated clearly established law when they pushed him to the ground and handcuffed him

Canon v. Clark

883 F. Supp. 718 · District Court, S.D. Florida · Apr 25, 1995

Qualified immunity shields a government official from having to stand trial or *723 face other burdens of litigation. 4 The entitlement “is an immunity from suit rather than a mere defense to liability.” Mitchell v. … Clark violated Plaintiffs clearly established constitutional rights of which a reasonable person would have known.

Retail Credit Company v. Dade County, Florida

393 F. Supp. 577 · District Court, S.D. Florida · Apr 25, 1975

Qualified Immunity The FCRA § 1681h(e) gives a qualified immunity from suit in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information based on information disclosed pursuant … immunity to the extent mandated by the FCRA if disclosure is made pursuant to the ordinance. 13 This is not to say that there should be the qualified immunity provided under the FCRA when the consumer learns of information

Jeanty v. City of Miami

876 F. Supp. 2d 1334 · District Court, S.D. Florida · Jul 13, 2012

whether the right at issue was clearly established at the time of the defendant’s alleged misconduct. … Once the officer has made that showing, the burden then shifts to the plaintiff to establish that qualified immunity is not appropriate. Id.

Hathcock v. Cohen

547 F. Supp. 2d 1271 · District Court, S.D. Florida · Feb 29, 2008

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 … right to qualified immunity.

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

688 F. Supp. 1522 · District Court, S.D. Florida · Jun 10, 1988

It is Plaintiffs’ contention that the passage of this resolution is not a legislative act, but is rather an administrative act entitling the Defendants, at best, to a qualified immunity. … This resolution pronounces a general policy, the passage of which is clearly a legislative function entitling absolute legislative immunity to the councilmen and the mayor for the same reasons as stated above.

Bruton v. City of Homestead

District Court, S.D. Florida · Oct 18, 2021

First, Defendants argue that Officers Calvo and Dejohn should be entitled to qualified immunity. [ECF No. 5 at 4–5]. … App’x 809, 815 (11th Cir. 2017) (granting qualified immunity where corrections officers did not observe the alleged physical attack and did not have an opportunity to intervene).

Feliciano v. City of Miami Beach

844 F. Supp. 2d 1258 · District Court, S.D. Florida · Feb 22, 2012

federal and state statutory immunity: “[sjince the issues of qualified immunity under § 1983 and statutory immunity under Fla. … Sweeting failed to take into account the doctrine of qualified immunity and state statutory immunity in determining that the defendants employed excessive force. See Quiet Technology DC-8, Inc. v.

Heflin v. Miami-Dade County

823 F. Supp. 2d 1298 · District Court, S.D. Florida · Nov 1, 2011

Thus, the Officers are entitled to qualified immunity. … As no constitutional violation occurred, the Officers are entitled to qualified immunity.

Stanley v. United States

574 F. Supp. 474 · District Court, S.D. Florida · Oct 28, 1983

While sovereign immunity has constitutional underpinnings and is as absolute as Congress may intend, official immunity is judge-made and generally is qualified. 26 *485 In order to avoid obscuring the concepts of sovereign … The Court reasons that if the Feres doctrine applies, then military officers may be subject to qualified immunity from suit.

Villanueva v. City of Fort Pierce, Fla.

24 F. Supp. 2d 1364 · District Court, S.D. Florida · Oct 20, 1998

Municipal officials performing discretionary functions enjoy qualified immunity from civil liability if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … . *1373 The Court finds that Chief Mahar is insulated from Plaintiffs § 1981 and § 1983 claims by qualified immunity.