Case law

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.

Jacobs v. BD. OF REGENTS, ETC.

473 F. Supp. 663 · District Court, S.D. Florida · Jul 10, 1979

The complaint clearly alleges that the “unidentified” defendants were aware of the plaintiff’s charge to the E.E. … The assertion of the defendants must therefore be that incorporation confers on corporate employees an immunity from liability under § 1985(3).

Rose v. Harris

District Court, S.D. Florida · Jul 7, 2025

Factual detail in the pleadings is particularly necessary in cases involving qualified immunity, where the Court must determine whether a defendant’s actions violated a clearly established right. GJR Investments v. … Plaintiffs assert that qualified immunity does not apply because Ms. Faso violated Ms. Rose’s clearly established rights, including her “rights against discrimination.” DE 52 at 13.

Maplewood Partners, L.P. v. Indian Harbor Insurance

295 F.R.D. 550 · District Court, S.D. Florida · Jul 16, 2013

In summary, Plaintiffs’ privilege log does not sufficiently establish that the documents listed therein are subject to work-product immunity, nor have Plaintiffs supported their opinion work-product claims with affidavits … as to the Shashy action (nor does Julio Investors qualify).

Pereyra-Diaz v. City of Doral

District Court, S.D. Florida · Sep 23, 2024

A constitutional right is “clearly established” for qualified immunity purposes if the state actor had “fair warning” that her conduct was unconstitutional via precedent from “the United States Supreme Court, the Eleventh … Thus, our analysis will center on whether Plaintiff’s allegedly violated rights (i.e., her liberty interest and her property interest) were clearly established for qualified immunity purposes.

Meeker v. Addison

586 F. Supp. 216 · District Court, S.D. Florida · Jul 6, 1984

herein shall provide limits as established by the provisions of s. 768.28 if a tort claim. … If it were to appear that Defendant ADDISON acted in good faith and with probable cause, that Defendant would be entitled to qualified immunity. See Harlow v.

1550 Brickell Associates v. Q.B.E. Insurance

597 F. Supp. 2d 1334 · District Court, S.D. Florida · Feb 3, 2009

Clearly Erroneous QBE also argues that the Court clearly erred when it held that QBE could not claim work product immunity or attorney client privilege for documents created before 1550 Brickell filed its complaint. … work-product immunity.

Lache v. Bal Harbour Hotel, LLC

104 F. Supp. 3d 1379 · District Court, S.D. Florida · May 12, 2015

Abernathy, 442 So.2d 953 (Fla.1983), either by carrying insurance through an authorized carrier or by qualifying as a self-insurer, Allison Devs., Inc. v. Rudasill, 202 So.2d 752, 752-55 (Fla.1967). … Plaintiffs argue that Defendants are not entitled to workers’ compensation immunity because they have failed to establish a contractor-subcontractor relationship between the Resort and USA Parking. See Response at 2.

Casado v. Miami-Dade Cnty.

340 F. Supp. 3d 1320 · District Court, S.D. Florida · Oct 23, 2018

Bryant , 502 U.S. 224 , 227, 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (emphasis in original; other alterations omitted) (addressing qualified immunity). … The allegations in the Amended Complaint fail to qualify as extreme and outrageous conduct to maintain *1333 a claim for intentional infliction of emotional distress.

Rauen v. City of Miami

613 F. Supp. 2d 1324 · District Court, S.D. Florida · Sep 17, 2007

immunity. … The undersigned has already determined that Plaintiffs have demonstrated a jury issue regarding the violation of their First Amendment rights and therefore addresses only the qualified immunity issue.

Jones v. City of Key West, Fla.

679 F. Supp. 1547 · District Court, S.D. Florida · Feb 25, 1988

The district court denied defendants’ motion for summary judgment based on qualified immunity. The Second Circuit heard an interlocutory appeal of that order. … Defendant Hey-man is not entitled to qualified immunity. 13.

Rudisel

District Court, S.D. Florida · Jun 29, 2026

conduct violates a clearly established statutory or constitutional right.” … was clearly established.

Thompson v. Spears

336 F. Supp. 2d 1224 · District Court, S.D. Florida · Jul 19, 2004

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … “Once the government official has established that she was acting within her discretionary authority, the burden shifts to the plaintiffs to show that qualified immunity is not appropriate.” Id.

Fuller v. The City of Miami

District Court, S.D. Florida · Sep 12, 2024

LEGAL STANDARD — QUALIFIED IMMUNITY “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … Clearly Established Right To defeat Defendant Marrero’s qualified immunity, Plaintiffs must also prove that Marrero violated a constitutional right that “was ‘clearly established’ at the time of the challenged conduct

Del Valle v. Sanchez

170 F. Supp. 2d 1254 · District Court, S.D. Florida · Sep 25, 2001

If they do, then they are entitled to qualified immunity, and the plaintiffs may proceed in their claims against the United States only. 13 If they do not, then the claims against the United States, as they relate to the … It clearly provides that the professional association is an independent contractor, not an employee: Independent Contractor Status.

Jean-Baptiste Noel v. Arias

District Court, S.D. Florida · May 13, 2020

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” Ashcroft v. … Plaintiff can show qualified immunity is not appropriate by establishing (1) Reyes and Santiago’s conduct violated his constitutional rights; and (2) the constitutional violation was clearly established at the time.

Gonzalez v. Johnson

District Court, S.D. Florida · May 29, 2025

Qualified Immunity. Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights[.]” … establish the law for qualified immunity purposes.

Miller v. Palm Beach County Sheriff's Office

District Court, S.D. Florida · Aug 8, 2025

Once qualified immunity is raised by a defendant, and it is established that the government official was acting within his/her discretionary authority, the burden shifts to the plaintiff to show that qualified immunity … The Court therefore focuses its qualified immunity analysis on the question of whether, as pled, Defendants conducted an unreasonable seizure of Plaintiff and therefore violated a constitutional right that was clearly established

White v. Miami-Dade County

District Court, S.D. Florida · May 29, 2024

“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 … To prove that Patterson is not entitled to qualified immunity, Plaintiff must show (1) Patterson violated a constitutional right and (2) “that right was clearly established.” Id.

Scott v. Miami Dade County

District Court, S.D. Florida · Jan 23, 2025

Qualified Immunity Law Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly … Scott was unable to prove that this right was clearly established, the Court must grant qualified immunity to Detective Perez from Ms. Scott’s false arrest claim. B.