Case law

Cason Enterprises, Inc. v. Metropolitan Dade County

20 F. Supp. 2d 1331 · District Court, S.D. Florida · Aug 11, 1998

Qualified Immunity As a further basis for granting summary judgment in their favor, the undersigned finds that the individual defendants are entitled to qualified immunity from this lawsuit. … Holston, 94 F.3d 1528, 1532 (11th Cir.1996) stated: Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal rights allegedly violated were clearly established ....

Shedrick v. District Board of Trustees of Miami-Dade College

941 F. Supp. 2d 1348 · District Court, S.D. Florida · Apr 23, 2013

The Tenth Circuit further stated, “Moreover, this Court has long held that both qualified and absolute immunity are affirmative defenses that must be pleaded.” Id. … the proceedings, to mean that statutory limits on liability are more akin to defenses of absolute or qualified immunity that must be raised in the pleadings than to the defense of Eleventh Amendment immunity.

Naturist Society, Inc. v. Fillyaw

858 F. Supp. 1559 · District Court, S.D. Florida · Jul 13, 1994

Qualified Immunity Finally, the Court must determine whether defendant Fillyaw is entitled to qualified immunity with respect to the claims against him in his individual capacity. … Public officials are immune in their individual capacities from suits for damages “insofar as their conduct does not violate clearly established *1571 statutory or constitutional rights of which a reasonable person should

Faragher v. City of Boca Raton

864 F. Supp. 1552 · District Court, S.D. Florida · Jul 22, 1994

As a defense to Faragher’s § 1983 claim, Terry argues that .he is protected by qualified immunity because his conduct did not violate clearly established law. … “Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates ‘no clearly established statutory of constitutional rights of which a reasonable person would

Williams v. Miami-Dade County

859 F. Supp. 2d 1297 · District Court, S.D. Florida · Jan 9, 2012

so (2) whether such a right was clearly established. … For all the reasons discussed above, Officer de la Paz is entitled to qualified immunity and summary judgment as to Count II.

Eubanks v. Gerwens

771 F. Supp. 1216 · District Court, S.D. Florida · Sep 11, 1991

First, they argue they are entitled to qualified immunity. … Defendants have raised the issue of qualified immunity. Such immunity is usually available where the officials involved believed their actions to be lawful. See Clark v.

United States v. a Single Family Residence Located at 3181 S.W. 138th Place

778 F. Supp. 1570 · District Court, S.D. Florida · Nov 29, 1991

The plain language of the statute clearly does not exempt local governments from its broad sweep. … Immunity of the Federal Government from the Property Tax. The County’s final argument is that Plaintiff is not immune from the tax in question under the principle of inter-governmental immunity.

L.S. v. Peterson

District Court, S.D. Florida · Oct 25, 2019

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … “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 right; (2) a broad statement of principle

Milinazzo v. State Farm Insurance

247 F.R.D. 691 · District Court, S.D. Florida · Dec 11, 2007

Work Product Immunity Claims of work product “immunity” are governed by the principles set forth in Federal Rule of Civil Procedure 26(b)(3) which reads in pertinent part: [A] party may obtain discovery of documents and tangible … qualified for coverage under the terms and conditions of the policy.

Mid-Continent Cas. Co. v. Northstar Homebuilders, Inc.

297 F. Supp. 3d 1329 · District Court, S.D. Florida · Feb 26, 2018

As a result neither Defendant ... may assert workers compensation immunity as a defense." (State Am. Compl. ¶ 11 (alterations added) ). … Given Florida's strong interest in this case and its marginal significance elsewhere, a resolution by a state trial court with review by a state appellate court is clearly preferable.

Dartland v. Metropolitan Dade County

760 F. Supp. 196 · District Court, S.D. Florida · Mar 29, 1991

Pereira previously filed a motion for summary judgment on the basis of qualified immunity. This Court denied Pereira’s motion. Dartland v. Metropolitan Dade County, 681 F.Supp. 1539 (S.D.Fla.1988). … The Court of Appeals reasoned that Pereira’s discharge of Dartland did not clearly violate Dartland’s First Amendment rights, and thus Pereira was entitled to qualified immunity.

Watkins v. Officer David Session

District Court, S.D. Florida · Nov 7, 2022

To overcome the qualified-immunity defense, a plaintiff must demonstrate that the official deprived him of a constitutional right that was “clearly established” when the alleged offense occurred. See Saucier v. … For purposes of qualified immunity in this District, only decisions of the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law. See McClish v.

Licea v. Curacao Drydock Co.

870 F. Supp. 2d 1360 · District Court, S.D. Florida · Jun 25, 2012

“The defense of sovereign or qualified immunity protects government officials not only from having to stand trial, but from having to bear the burdens attendant to litigation, including pretrial discovery.” Blinco v. … Gallion, 870 F.2d 1335, 1339 (7th Cir.1989) (discussing frivolous appeals in the context of qualified immunity from 42 U.S.C. § 1983 claims).

Hudson v. City of Riviera Beach

982 F. Supp. 2d 1318 · District Court, S.D. Florida · Nov 13, 2013

Qualified immunity protects government officials who perform discretionary functions by shielding them from civil liability as long as the officials’ conduct “does not violate clearly established statutory or constitutional … To determine whether qualified immunity exists, a court must evaluate (1) whether a plaintiff has alleged a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the

Cruz v. United States

70 F. Supp. 2d 1290 · District Court, S.D. Florida · Apr 6, 1998

Soto’s circumstances do not provide a basis for waiver of sovereign immunity under the FTCA, and, therefore, no basis for liability against the United States. … The FTCA, as a waiver of sovereign immunity, is strictly construed, and all ambiguities are resolved in favor of the sovereign. See United States v.

Paul v. Avril

812 F. Supp. 207 · District Court, S.D. Florida · Jan 14, 1993

The acts as alleged in the complaint, if true would hardly qualify as official public acts. W.S. Kilpatrick & Co. v. … This case presents clearly justiciable legal issues as illustrated herein. *213 It is therefore RECOMMENDED that Defendant’s request that the Complaint in this action be dismissed should be DENIED.

Florida Evergreen Foliage v. EI Du Pont De Nemours and Co.

135 F. Supp. 2d 1271 · District Court, S.D. Florida · Mar 8, 2001

should be interpreted as only a qualified immunity; and (3) DuPont’s argument for immunity is inconsistent with Florida law related to spoliation of evidence. … Second, Plaintiffs argue that Levin is distinguishable and that any immunity owed to DuPont is only a qualified immunity, and is therefore overcome by Plaintiffs’ allegations.

Woodburn v. Florida Department of Children & Family Services

854 F. Supp. 2d 1184 · District Court, S.D. Florida · Dec 1, 2011

Qualified immunity is a doctrine that protects government officials sued in their individual capacities as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable … Notably, qualified immunity may be asserted on a pretrial motion to dismiss. Id. Where such immunity is asserted, a plaintiff must plead facts that would strip the defendant of qualified immunity.

Jones v. Miami-Dade County

District Court, S.D. Florida · Aug 5, 2024

“Qualified immunity provides complete protection for government officials sued in their individual capacities where their conduct does not violate clearly establish statutory or constitutional rights of which … To prove that the Officer Defendants are not entitled to qualified immunity, Jones must show (1) the Defendant Officers violated a constitutional right and (2) “that right was clearly established.” Id.

Sabal Palm Condominiums of Pine Island Ridge Ass'n v. Fischer

6 F. Supp. 3d 1272 · District Court, S.D. Florida · Mar 19, 2014

It asserts that it is immune from this claim in an argument heading. (ECF No. 202 at 18.) … But even if Sabal Palm does argue that it is immune to the refusal-to-accommodate claim, this argument fails. Sabal Palm is immune from liability for suing the Fischers in the declaratory-judgment action.