Case law

Basora v. JPMorgan Chase Bank, N.A.

202 F. Supp. 3d 1328 · District Court, S.D. Florida · Jul 29, 2016

address is not a qualified written response for purposes of triggering the servicer’s response obligations);Best, 2016 WL 125875 , at *2 (relying on Berneike, 708 F.3d at 1149 , to establish that borrowers must send QWRs … Chase’s notice thus meets the statutory requirements of *1332 12 C.F.R. § 1024.35 (c) because it clearly established a designated address for QWRs that “the borrower must use ... to assert an error.”

Mandeville v. City of Coral Gables

50 F. Supp. 2d 1320 · District Court, S.D. Florida · Jun 11, 1999

Defendant Baixauli in her individual capacity Under well-established federal law, government officials performing discretionary functions are immune from suit if their conduct does not violate “clearly established statutory … Although decisions regarding qualified immunity are made on a case-by-case basis, federal decisions “tilt strongly in favor of immunity by recognizing that only in the rarest of cases will reasonable government officials

Smith v. Avino

866 F. Supp. 1399 · District Court, S.D. Florida · Oct 20, 1994

Eleventh Amendment immunity Defendants also raise a defense of Eleventh Amendment immunity. … Whether the measures employed by the mayor ... were absolutely necessary in order to prevent a serious civil disorder is clearly an important question for political debate, but not, we think, a question for judicial resolution

Mount Sinai Hospital of Greater Miami, Inc. v. Weinberger

376 F. Supp. 1099 · District Court, S.D. Florida · Feb 6, 1974

SOVEREIGN IMMUNITY Defendants argue that the APA, if it provides a presumption of reviewability, does not constitute a waiver of sovereign immunity. … for determining the statutory authority question is to be found in the statute itself and its legislative history, rather than in any factual record the agency might prepare. 47 In addition, the constitutional issue is clearly

Gomez v. Hoo

District Court, S.D. Florida · Sep 30, 2021

“The defense of qualified immunity protects officials performing discretionary functions from liability ‘where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … When “a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the court should grant qualified immunity if the plaintiff’s complaint fails to allege a violation of a clearly established

Holmes v. Martins

District Court, S.D. Florida · Jan 31, 2024

DISCUSSION “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory … Once a Court finds a discretionary function, the burden shifts to the plaintiff to demonstrate that qualified immunity does not apply. Harland, 370 F.3d at 1263–64.

Washington v. Miami Dade Police Department

District Court, S.D. Florida · Dec 23, 2019

In addition, the Court finds that Howard Rosen has qualified immunity for statements made in his discretionary authority, which do not violate clearly established constitutional law. … § 1983 and Defendant has qualified immunity.

Kelly v. Palmer, Reifler, & Associates, P.A.

681 F. Supp. 2d 1356 · District Court, S.D. Florida · Jan 11, 2010

Califano, and the cases cited therein, have the benefit of a qualified privilege.” Id. (further explaining that an injured party could overcome a qualified privilege by proving express malice or malice in fact). … But that case is clearly distinguishable from ours.

Buress v. City of Miami

District Court, S.D. Florida · Aug 30, 2023

Officer Verne further argues that even if he violated Buress’s constitutional rights, qualified immunity still applies because he did not violate a “clearly established” right. (Id. at 18-20.) … Buress’s clearly established rights under the Fourth Amendment. See Kingsland v.

Roldan v. City of Hallandale Beach

District Court, S.D. Florida · Jul 11, 2023

Qualified immunity “protects government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The “critical inquiry” at this stage of a qualified immunity determination is whether the law is so clearly established so as to provide the officer with “fair warning” that his conduct violated the Fourth Amendment.

Fuller v. The City of Miami

District Court, S.D. Florida · Mar 24, 2025

At their core, each amounts to a disagreement with the Court’s analysis and ultimate conclusion that Marrero did not violate a clearly established constitutional right. … in that case, this somehow has a dispositive effect on Marrero’s qualified immunity for his alleged actions in this case.

Miccosukee Tribe of Indians of Florida v. United States

980 F. Supp. 448 · District Court, S.D. Florida · Aug 1, 1997

Florida courts have treated the District as a state agency in determining that it was immune from suit in state court under traditional sovereign immunity principles. South Fla. Water Management Dist. v. … The emphasized language qualifies the Tribe’s rights by giving priority to overall management of the Park.

Green v. Finkelstein

District Court, S.D. Florida · Feb 4, 2021

nonetheless entitled to qualified immunity because he has not violated a clearly established right. … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v.

Grant v. United States

289 F. Supp. 2d 1361 · District Court, S.D. Florida · Jul 3, 2003

Tax Court found that the partnerships did not qualify for the tax credits and deductions, and the IRS assessed tax deficiencies against the Grants. See id. at ¶ 9 . … Accordingly, because they have failed to establish the applicability of the Enochs exception to the Anti-Injunction Act, the Grants’ claim for release of the levy must be dismissed without prejudice. 2.

Ratlieff v. City of Fort Lauderdale, Florida

District Court, S.D. Florida · Jun 1, 2023

A court should dismiss a complaint “on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v. … To establish a defendant is not entitled to qualified immunity, a plaintiff must show the defendant (1) “violated a statutory or constitutional right” which was (2) “‘clearly established’ at the time of the challenged conduct

Floyd v. Bridgman

District Court, S.D. Florida · Mar 2, 2021

To circumvent qualified immunity, then, Floyd must establish that the Deputies’ conduct violated “clearly established” law. … to establish that qualified immunity does not apply.”

Lett v. Wells Fargo Bank, N.A.

233 F. Supp. 3d 1330 · District Court, S.D. Florida · Jan 6, 2017

Accordingly, the court dismissed the battery claim on the grounds of workers’ compensation immunity. Thus, the same result—application of the statutory immunity—applies here, as well. … In Feliciano , the Eleventh Circuit affirmed on interlocutory appeal an order denying the police officers’ summary judgment motion *1341 based on alleged qualified immunity. 707 F.3d at 1254 .

Washburn v. Shapiro

409 F. Supp. 3 · District Court, S.D. Florida · Feb 10, 1976

Matteo, supra, 360 U.S. at 575 , 79 S.Ct. at 1341 , they were not entitled to the doctrine of immunity as established by Justice Harlan. … principally those establishing plaintiff’s criminal conviction.

Owaki v. City of Miami

491 F. Supp. 2d 1140 · District Court, S.D. Florida · Jun 21, 2007

However, in the case at hand, Defendants do not have to establish probable cause, arguable probable cause is “all that is required for qualified immunity to be applicable to an arresting officer.” Scarbrough v. … “To receive qualified immunity protection, an officer need not have actual probable cause but only arguable probable cause.” Holmes v.

United States Ex Rel. Feingold v. Palmetto Government Benefits Administrators

477 F. Supp. 2d 1187 · District Court, S.D. Florida · Jan 30, 2007

Given the unambiguous, identical language of the immunity provisions, and the comparable treatment of Part A and Part B carriers by the courts, there is no reason to believe that the precedents established in Body and Sarasola … Clearly, he has had a financial incentive to repeat that success.