Case law

Woody v. City of West Miami

477 F. Supp. 1073 · District Court, S.D. Florida · Sep 13, 1979

There is ample evidence that the City of West Miami has no clearly ascertainable job standards other than the equivocal “best qualified” criterion, which in terms of its consequences, operated to discriminate against the … Mayor Cooper is thereby not entitled to qualified immunity for his official action. 4 .

Executive 100, Inc. v. Martin County

739 F. Supp. 1521 · District Court, S.D. Florida · Jun 27, 1990

However, the motions involved a number of different legal issues including legislative immunity, qualified immunity, punitive damages, 42 U.S.C. § 1988 , Federal Civ. Proc. … The defense of the individual commissioners did include several difficult issues including absolute and qualified immunity, and the potential for an award of punitive damages.

Licea v. CURACAO DRYDOCK CO., INC.

794 F. Supp. 2d 1299 · District Court, S.D. Florida · May 27, 2011

The Governments argue that because this is a proceeding in aid of execution, Section 1610’s narrower exception clearly applies. … Because Plaintiffs are clearly seeking to implead the Governments for the sole purpose of executing upon their assets to satisfy a judgment, Plaintiffs must establish an exception to immunity under Section 1610.

Fuller v. The City of Miami

District Court, S.D. Florida · Sep 15, 2025

in light of that clearly established right. … immunity because [the] right to be free from a retaliatory investigation is not clearly established.”

Delvecchio v. Smith

558 F. Supp. 2d 1243 · District Court, S.D. Florida · Mar 31, 2008

Thus, Petitioners’ claims and request for relief clearly sound in a quiet title action. … Clearly, if it is the former, then the U.S. Government has waived its sovereign immunity pursuant to § 2410, but if it is the latter, there is no waiver of immunity and the suit may not proceed under this statute.

Financial Healthcare Associates, Inc. v. Public Health Trust

488 F. Supp. 2d 1231 · District Court, S.D. Florida · May 18, 2007

Barrett argues that FHA cannot establish fraud (Count IV)- The broad sovereign immunity question is resolved first, followed by the individual claims against the Trust and Barrett. A. Defendant Trust’s Arguments 1. … Clearly, the implied contract alleged in Count II is not an express written contract and therefore it fails to escape the sovereign immunity bar as articulated in Pan-Am.

United States v. Noriega

746 F. Supp. 1506 · District Court, S.D. Florida · Jun 8, 1990

Nor does the “A-2” visa establish anything of significance in the way of diplomatic immunity. … There, the government moved to quash a deposition subpoena served on the Philippine Solicitor General by unsuccessfully arguing that the Solicitor General qualified for head of state immunity.

L.M.P. ex rel. E.P. v. School Board

516 F. Supp. 2d 1305 · District Court, S.D. Florida · Sep 27, 2007

Defendants also assert qualified immunity as a defense to the § 1985 claim. … Accordingly, Defendants qualified immunity defense fails.

Frakes

District Court, S.D. Florida · Feb 5, 2026

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 … Thus, at the very least, Plaintiff has not shown the law is “clearly established” on this issue, so Plaintiff has not met her burden to overcome qualified immunity.

Escrow Disbursement Insurance Agency, Inc. v. American Title & Insurance

550 F. Supp. 1192 · District Court, S.D. Florida · Nov 9, 1982

for immunity under the Act have been established on motion to dismiss. 1. … In Crawford , the Act was found to provide immunity for price fixing charges. Price fixing is, of course, clearly within the ambit of state control.

Transamerica Corp. v. MONIKER ONLINE SERVICES, LLC

672 F. Supp. 2d 1353 · District Court, S.D. Florida · Dec 4, 2009

immunity for registrars under the ACPA does not apply when the registrar is also the registrant: Because Defendants are both the registrant and registrar, Defendants do not qualify for the “safe harbor” provision of the … He was clearly involved in the development, launching, and operation of the website and he himself testified that he went to “Network Solutions” with his friends to see what domain names were available.

Dartland v. Metropolitan Dade County

717 F. Supp. 1544 · District Court, S.D. Florida · Jul 31, 1989

. § 1983 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 Eleventh Circuit held that Pereira’s discharge of Dartland did not clearly violate Dartland’s First Amendment rights, and thus Pereira was entitled to qualified immunity. See Dartland, 866 F.2d 1321 .

Seminole Tribe of Florida v. Butterworth

491 F. Supp. 1015 · District Court, S.D. Florida · May 6, 1980

The Tribe’s bingo operation is clearly in violation of Fla.Stat. § 849.093 in several respects. 3 First the statute permits the operation of a bingo hall by a qualified organ *1017 ization no more than two days per week. … Thus plaintiffs could not establish any right, privilege or immunity secured by a law of the United States as required by § 1983. 6 .

United States v. Guillaume

13 F. Supp. 2d 1331 · District Court, S.D. Florida · Aug 3, 1998

The Court finds that Congress, in enacting that statute, clearly intended to exclude plea agreements between a defendant and a prosecutor. Therefore, the motion to exclude the accomplice testimony is denied. … This exchange of reduced sentences or immunity for testimony presents the danger that a witness, influenced by his hope of obtaining a grant of immunity or a reduced sentence, will promise to testify to anything desired by

Burgess

District Court, S.D. Florida · Jan 13, 2026

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 … Burgess to allege sufficient facts to show that qualified immunity is not appropriate, namely that Deputy Rothman violated a clearly established federal right. Baker v.

United States v. Florida West International Airways, Inc.

853 F. Supp. 2d 1209 · District Court, S.D. Florida · Feb 10, 2012

Accordingly, as a preliminary matter, we conclude that Hidalgo and Florida West have third party beneficiary standing necessary to establish their immunity under the Plea Agreement (assuming, of course, they fall within this … But, we find Hidalgo’s and his witnesses’s testimony credible. 33 While Hi *1232 dalgo is indeed biased and motivated by his desire to establish immunity, the record evidence corroborates his position.

Healy v. Town of Pembroke Park

643 F. Supp. 1208 · District Court, S.D. Florida · May 29, 1986

Further, there is no Constitutional requirement that an employer establish a grievance procedure available to the union and its members. … Therefore, plaintiffs argue, it is a jury question whether the individual defendants’ immunity is absolute or qualified. The Plaintiffs rely on Harlow v.

Nettleman v. Florida Atlantic University Board of Trustees

228 F. Supp. 3d 1303 · District Court, S.D. Florida · Jan 6, 2017

There is no dispute that FAU is an “arm of the state” that would otherwise qualify for sovereign immunity. … I must conclude, in turn, that Nettleman has not established a basis for CRCA to abrogate FAU’s sovereign immunity in this instance. 7 Accordingly, it is ORDERED and ADJUDGED that The Florida Atlantic University Board of

Carnival Cruise Lines, Inc. v. Oy Wartsila AB

159 B.R. 984 · District Court, S.D. Florida · Oct 19, 1993

As mentioned above, the issue of whether the Finnish Companies Act requires an independent audit of the value of the assets transferred to a subsidiary where the subscription of shares is qualified (i.e., “in kind,” as opposed … The Court of Appeals observed that the claim in Vermeulen clearly fell within the “commercial activity” exception to sovereign immunity, notwithstanding the fact that the plaintiff sought to recover for her personal injuries

James

District Court, S.D. Florida · Feb 3, 2026

Qualified Immunity Government officials sued in their individual capacities enjoy qualified immunity “where their conduct ‘does not violate clearly established statutory … established” prong of qualified immunity.