Case law

Brisk v. City of Miami Beach, Fla.

726 F. Supp. 1305 · District Court, S.D. Florida · Dec 15, 1989

For instance, if the plaintiff’s allegations do not state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. … of violations of clearly established law. 13 Accordingly, the case proceeded to *1309 trial with the qualified immunity issue unaddressed and hence unresolved.

Brown v. City of Clewiston

644 F. Supp. 1417 · District Court, S.D. Florida · Sep 22, 1986

Summary Judgment Standard and Qualified Immunity In order to prevail on the qualified immunity defense (described, infra), PEREZ must show that there exists no genuine issue of material fact and that he is entitled to judgment … Stated succinctly, an officer was only entitled to qualified immunity if he established his reasonable, good faith belief that his actions were lawful and within the scope of his authority. See, e.g.. Barker v.

Steen v. City of Pensacola

809 F. Supp. 2d 1342 · District Court, N.D. Florida · Aug 22, 2011

Qualified Immunity “The qualified immunity defense ‘shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … I will simply assume arguendo that there was a constitutional violation and proceed to the second step of the qualified immunity analysis. 2. Was the right “clearly established” at the time of the violation?

Aisenberg v. Hillsborough County Sheriff's Office

325 F. Supp. 2d 1366 · District Court, M.D. Florida · Jul 16, 2004

Qualified Immunity Qualified immunity protects a prosecutor’s discretionary acts that violate no “clearly established statutory or constitutional rights of which a reasonable person would have known.” … See Gonzalez, 325 F.3d at 1233-34 (qualified immunity requires dismissal of an action if the complaint “fails to allege the violation of a clearly established constitutional right”).

Abella v. Simon

831 F. Supp. 2d 1316 · District Court, S.D. Florida · Nov 28, 2011

Therefore, the burden shifts to Abella to demonstrate that Simon violated a clearly established statutory or constitutional right to overcome the qualified immunity defense. … Therefore, the burden again shifts to Plaintiff to demonstrate that Defendants violated a clearly established statutory or constitutional right to overcome the qualified immunity defense.

Deppe v. Sovinski

District Court, M.D. Florida · Feb 18, 2025

[may] be specific enough to establish clearly the law applicable to particular conduct and circumstances to overcome qualified immunity, even in the total absence of case[]law.” … of qualified immunity.”); Dolihite v.

Bowden v. Snider

District Court, M.D. Florida · Dec 23, 2024

What is more, the defendants are not entitled to qualified immunity. … Cortesluna, 595 U.S. 1, 5 (2021) (A right is clearly established for purposes of qualified immunity “when it is sufficiently clear that every reasonable officer would have understood that what he is doing violates that

Gioia v. Bradshaw

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

Florida Department of Probation, filed August 19, 2024 (separate § 2254 habeas petition challenging guilty plea of 1 I note that there may also be qualified or absolute immunity defenses for the various Defendants Plaintiff … Baldwin County, 835 F.3d 1338, 1343-44 (11th Cir. 2016) (“qualified immunity protects government officials performing discretionary functions from liability if their conduct violates no clearly established statutory or

Sims v. Figueroa

District Court, M.D. Florida · Aug 27, 2019

Qualified Immunity Defendant Figueroa alternatively asserts that he is entitled to qualified immunity. … As to qualified immunity, the Eleventh Circuit has stated: To invoke qualified immunity, a public official must first demonstrate

Samedi v. Miami-Dade County

134 F. Supp. 2d 1320 · District Court, S.D. Florida · Jan 26, 2001

White’s qualified immunity insulates him from suit. … was clearly established at the time of the alleged violation.

Davis v. Bradshaw

District Court, S.D. Florida · Sep 25, 2020

Pridmore, 961 F.3d 1135, 1145-46 (11th Cir. 2020) (stating that identification of a broad, clearly established principle is one way to show that a defendant’s conduct violated a clearly established constitutional right … Davis has not carried his burden to show that Deputy Jones is not entitled to qualified immunity. See Keating v.

Wright v. 15th District Palm Beach County State Attorney's Office

District Court, S.D. Florida · Aug 4, 2025

Lastly, the Court agrees with the Report that Deputy Di Orsini is entitled to qualified immunity, because Count 5 fails to allege any constitutional violations, let alone any “clearly established” constitutional violations … App’x 870, 875 (4th Cir. 2004).], none of that would signal a violation of a “clearly established” constitutional right in this Circuit as would be required to overcome qualified immunity. See Chesser v.

Allen v. Pacheco

District Court, M.D. Florida · Dec 11, 2020

a clearly established constitutional right.’” … As Officer Suttle did not raise the qualified immunity issue for any other claims, Allen did not have a sufficient opportunity to respond regarding qualified immunity for those claims

ATHEISTS OF FLORIDA v. City of Lakeland, Fla.

779 F. Supp. 2d 1330 · District Court, M.D. Florida · Mar 15, 2011

Qualified Immunity Defendants also urge this Court to dismiss all claims against Lakeland Mayor Gow Fields because, at least according to Defendants, Defendant Fields enjoys qualified immunity from suit. … “Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any ‘clearly established statutory or constitutional rights

KAISER v. DIXON

District Court, N.D. Florida · Oct 24, 2024

Additionally, FDC Defendants raise the defense of qualified immunity in their motion to dismiss. The throughline requirement in each of these areas is the presence of a constitutional violation. … to the next step of determining if a constitutional right was clearly established”).

Gibson v. Idleberg

District Court, M.D. Florida · Sep 18, 2025

was clearly established at the relevant time.” … Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

Jarvis v. City of Daytona Beach

District Court, M.D. Florida · Oct 23, 2024

A district court’s order denying the defense of qualified immunity is an immediately appealable order within the meaning of 28 U.S.C. § 1291. Mitchell v. … Until the Eleventh Circuit determines whether the relevant law was clearly established, Defendants should not be subjected to trial.

Hopps v. City of Tampa

District Court, M.D. Florida · Jul 24, 2025

“In assessing qualified immunity at the motion to dismiss stage, ‘the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.’” Aguirre-Jarquin v. … See Wilson, 54 F. 4th at 660 (“[I]t is not necessary to decide both prongs [of the qualified immunity analysis] where it is plain that the right is not clearly established.”).

Carlyle v. Dejesus

District Court, M.D. Florida · Jul 30, 2020

Therefore, he has failed to show the violation of a clearly established constitutional right. Accordingly, Defendants are entitled to qualified immunity. See Buford v. … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Dayton v. City of Marco Island

District Court, M.D. Florida · Nov 5, 2021

Qualified immunity protects government officials (sued individually) if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because Plaintiffs cannot show a clearly established right, qualified immunity protects Brechnitz. See Fuqua v.