Case law

Mother Doe I v. Al Maktoum

632 F. Supp. 2d 1130 · District Court, S.D. Florida · Jul 30, 2007

In addition, Eubanks asserts that an entity named Darley Stud Management, Inc. was qualified to do business in Florida from 1996 through 2001, and an entity named Darley Stud Management LLC has been qualified to do business … Eubanks asserts in his declaration that an entity named Shadwell Farm, Inc. was qualified to do business in Florida from 1996 through 2003, and an entity named Shadwell Farm, LLC was qualified to do business in Florida from

Internal Revenue Service v. Brickell Investment Corp. (In Re Brickell Investment Corp.)

171 B.R. 149 · District Court, S.D. Florida · May 24, 1994

Furthermore, this court finds that the debtors-in-possession have clearly met the criteria set forth in 26 U.S.C. § 7430 in establishing that they are, in fact, prevailing parties. … Attorneys office appeared on behalf of the IRS, although the claim was clearly filed by the IRS.

King v. Miami-Dade County

District Court, S.D. Florida · Mar 25, 2024

establish the law for qualified immunity purposes. … Thus, Plaintiff’s arguments against applying the qualified immunity defense also fail on the clearly established prong, and Pinero is entitled to qualified immunity. B.

Neurological Associates-H. Hooshmand, M.D., P.A. v. Bowen

658 F. Supp. 468 · District Court, S.D. Florida · Mar 17, 1987

A review of the pertinent caselaw shows that it is clearly established within this Circuit that the district courts lack jurisdiction over Medicare fiscal intermediaries under the doctrine of sovereign immunity. … This argument confuses the doctrines of official immunity and sovereign immunity.

Davis v. Southern Bell Telephone & Telegraph Co.

755 F. Supp. 1532 · District Court, S.D. Florida · Feb 4, 1991

The State of Florida clearly established a policy of regulating contracts for phone service between Southern Bell and customers. At the time Florida established this policy, IWMS was included in basic telephone service. … Nothing in the record indicates that Southern Bell should have been aware that using a negative option was improper; indeed, Centel’s use of a negative option clearly established precedent for Southern Bell’s decision to

Bennett Electric Co. v. Village of Miami Shores

11 F. Supp. 2d 1348 · District Court, S.D. Florida · May 6, 1998

statutes, the state has clearly articulated a state policy authorizing anti-competitive conduct.’” … commercial establishments.

Padron v. Feaver

180 F.R.D. 448 · District Court, S.D. Florida · May 20, 1998

City of Birmingham, 963 F.2d 1481 (11th Cir.1992) (factual detail must establish that the violated right was clearly established when the wrongful acts occurred). … In a § 1983 claim asserted against a state official solely for declaratory and injunctive relief, there is no qualified immunity defense. Fortner v. Thomas, 983 F.2d 1024 (11th Cir.1993); Wood v.

Castellanos v. Pfizer, Inc.

555 F. Supp. 2d 1343 · District Court, S.D. Florida · May 20, 2008

To invoke qualified immunity, the United States typically files a certification that the employee was acting within the scope of his employment, necessitating the substitution of the United States as a defendant in place … Plaintiffs’s second argument is that further discovery and an evidentiary hearing are necessary to establish whether the federal employees were acting within the scope of their employment for purposes of the Certification

Munera v. Metro West Detention Center

351 F. Supp. 2d 1353 · District Court, S.D. Florida · Dec 14, 2004

As to these claims it is clear that the defendant Correctional Officer, Cyril White, is entitled to qualified immunity which under appropriate circumstances serves to insulate governmental officials from personal liability … Under the circumstances, it is apparent, in the absence of a genuine issue as to material fact on the claim of denial of medical care, Celotex, supra, that the defendant White is entitled to qualified immunity with respect

Transportes Aeros Mercantiles Panamericanos v. Boyatt

562 F. Supp. 707 · District Court, S.D. Florida · Apr 4, 1983

Complaint ¶¶ 19-22, 25. *712 Defendants nonetheless argue that this claim is barred by defendants’ absolute immunity. The only immunity applicable to this action would be a qualified immunity. … Qualified immunity is an affirmative defense to be plead, and is not a ground for dismissal under Fed.R.Civ.P. 12(b)(6). Harlow v. Fitzgerald,-U.S.-, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

Guerrero v. City of Coral Gables

District Court, S.D. Florida · Aug 8, 2022

“Overcoming the official’s qualified-immunity defense requires a plaintiff to establish both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established at the time … As noted above, “[o]vercoming the official’s qualified- immunity defense requires a plaintiff to establish both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established

Doe v. Judicial Nominating Commission for the Fifteenth Judicial Circuit of Florida

906 F. Supp. 1534 · District Court, S.D. Florida · Nov 13, 1995

The complaint establishes that plaintiff satisfies the constitutional requirements for appointment to the circuit court. … Questions 10 and 11 probe physical health without being clearly related to job performance.

Marley v. Elliot Turbomachinery Co., Inc.

545 F. Supp. 2d 1266 · District Court, S.D. Florida · Mar 13, 2008

He is familiar with Navy specifications, equipment manuals, and qualified product lists, which are used in the construction and repair of Navy and commercial ships. See Lehman Aff. at ¶¶ 1-2. … This is sufficient to establish a causal nexus under Magnin.

Jones v. United States Of America

District Court, S.D. Florida · Sep 1, 2020

a) Qualified Immunity at the Motion to Dismiss Stage The qualified immunity defense may be raised in a motion to dismiss and will be granted if the complaint fails to allege the violation of a clearly established … know that this right was clearly established at the time.

Grant v. City of West Palm Beach

District Court, S.D. Florida · Apr 22, 2025

“Qualified immunity shields government officials from individual-capacity suits for actions taken while performing a discretionary function so long as their conduct does not violate a ‘clearly established … immunity analysis with the question of whether, as pled, Saunders conducted an unreasonable seizure and therefore violated a constitutional right that was clearly established at the time of the incident.

Battle v. Gladstone Law Group, P.A.

951 F. Supp. 2d 1310 · District Court, S.D. Florida · Jun 28, 2013

In order for contact between a plaintiff and defendant to qualify as an initial communication, the contact must only directly or indirectly convey informa *1315 tion regarding the debt. 15 U.S.C. § 1692a(2). … As a result, this Court finds that Defendants’ litigation activity is not entitled to immunity.

Fuller v. The City of Miami

District Court, S.D. Florida · Jul 9, 2025

After all, □ qualified immunity will still bar a plaintiffs suit even where he establishes a prima facie case. See 2.8, Rioux v.: City of Atlanta Ga., 520 F.3d 1269, 1271 (11th Cir. 2008). … Specifically, Marrero avers that there is “nothing novel about having to overcome qualified immunity in a § 1983 action, and the allegations necessary to do so are clearly set forth in established binding precedent

Rosete

District Court, S.D. Florida · Mar 12, 2026

Gilpin is Entitled to Qualified Immunity and Summary Judgment is Granted as to Count II As stated previously, to assert a claim for qualified immunity, a public official … Qualified immunity leaves ‘room for mistaken judgments.’”) (citations omitted).

First Merchants Collection Corp. v. Republic of Argentina

190 F. Supp. 2d 1336 · District Court, S.D. Florida · Jan 31, 2002

establish that no material issue of fact remains unresolved and that it is entitled to judgment as a matter of law. … Whereas a foreign state’s entering into a contract for the purchase of goods or services is clearly commercial because of the nature of the activity (notwithstanding a potentially sovereign purpose), the activity in this

Cross v. Byrum

348 F. Supp. 196 · District Court, S.D. Florida · Sep 25, 1972

With this caution clearly in mind, then, this motion can be decided expeditiously. … This appears to leave open the possibility of some circumstances where the immunity would not apply.