Case law

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481 · District Court, M.D. Florida · Feb 3, 1997

Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Mitchell v. … In this case, the Court finds that Roberts and Wallace are entitled to dismissal on the basis of qualified immunity because the law is not so “clearly established” in such a “concrete and factually defined context” to make

Keck v. Eminisor

37 Fla. L. Weekly Supp. 697 · Supreme Court of Florida · Nov 15, 2012

on the issue of qualified immunity.” … We analyzed “the nature of the rights involved,” concluding that immunity from suit involved in qualified immunity required that interlocutory review be available to an individual whose claim of qualified immunity was denied

Harris v. Dugger

757 F. Supp. 1359 · District Court, S.D. Florida · Jan 2, 1991

Qualified Immunity The Court next must consider the magistrate’s recommendation on the defendants’ claim of qualified immunity. … A determination of whether an official violated clearly established law itself requires the Court to make two inquiries. First, the Court must ascertain the law that was “clearly established.”

Goodman v. Town of Golden Beach

988 F. Supp. 1450 · District Court, S.D. Florida · Oct 8, 1997

of that clearly-established law. … Goodman was unnecessary and excessive, the officers are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful.

Ermini v. Scott

249 F. Supp. 3d 1253 · District Court, M.D. Florida · Apr 6, 2017

Even if shooting plaintiff was a violation of the Fourth Amendment, Deputy Hamer is entitled to qualified immunity unless plaintiff establishes that Deputy Hamer violated a constitutional right that was “clearly established … The Fourth Amendment right was not clearly established in the specific context of this case. Therefore, even if plaintiffs Fourth Amendment right was violated, Deputy Hamer is entitled to qualified immunity. D.

Huerta v. Hillsborough County

720 So. 2d 276 · District Court of Appeal of Florida · Oct 23, 1998

The parties agree that a government official, such as Bean, is entitled to qualified immunity from civil suit in the performance of discretionary functions when the official's conduct does not violate any clearly established … The trial court, in applying this principle of law, opined that Huerta's constitutional rights were not clearly established at the time of his termination and ruled that Bean was entitled to qualified immunity.

Gionis v. Headwest, Inc.

799 So. 2d 416 · District Court of Appeal of Florida · Nov 16, 2001

Gionis subsequently filed a motion for summary judgment as to Count VIII, on the basis that he was immune from suit under the doctrine of qualified immunity. … Once it is established that the acts in question were discretionary governmental functions, the second element requires the plaintiff to demonstrate that the government official violated the plaintiffs clearly established

Cutino v. Untch

79 F. Supp. 3d 1305 · District Court, S.D. Florida · Jan 14, 2015

Qualified Immunity Standards 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 … In this respect, qualified immunity “ ‘gives government officials breathing room to make reasonable but mistaken judgments.’ ” Carroll v.

Furtado v. Yun Chung Law

51 So. 3d 1269 · District Court of Appeal of Florida · Feb 2, 2011

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional right … Just as Justice Kennedy discussed qualified immunity with regard to section 1983 claims in Saucier, qualified immunity in a state claim is also an issue the trial court should address as soon as possible because the trial

Blount-Yeye

District Court, S.D. Florida · Nov 12, 2025

Plaintiff can show qualified immunity is not appropriate by establishing “(1) the defendants violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.” … “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.

Pozdol v. City of Miami

996 F. Supp. 2d 1290 · District Court, S.D. Florida · Jan 29, 2014

To defeat a claim to qualified immunity, a plaintiff must demonstrate: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct … To establish a defense of qualified immunity a Defendant must show, as a preliminary matter, that the challenged conduct forms a discretionary duty of his office. See infra discussion of qualified immunity in Part.

Florida Fish & Wildlife Conservation Commission v. Jeffrey

178 So. 3d 460 · District Court of Appeal of Florida · Oct 20, 2015

Accordingly, because the challenged order in this case denied Officer Johnson’s claim of qualified immunity, he has established the jurisdictional prerequisite of irreparable harm necessary to obtain review of the order … A law enforcement officer is entitled to qualified immunity from a false arrest claim under § 1983 if the evidence establishes that the officer had probable cause to make the arrest. See Vermette v.

Pohto v. Leiser

738 F. Supp. 474 · District Court, M.D. Florida · Jun 5, 1990

DEFENDANT LEISER’S MOTION ON QUALIFIED IMMUNITY GROUNDS “A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established … In light of this Court’s aforementioned analysis of qualified immunity, this Court recognizes that, similar to Defendant Leiser, these board members violated no clearly established constitutional law.

Buzzi v. Gomez

24 F. Supp. 2d 1352 · District Court, S.D. Florida · Sep 28, 1998

Substantiating Violations of Clearly Established Constitutional Law To overcome qualified immunity, Plaintiffs must show that: (1) Alvarez violated a federal constitutional right; and (2) that the right was clearly established … clearly established law.

Wilson v. Zellner

200 F. Supp. 2d 1356 · District Court, M.D. Florida · Mar 26, 2002

immunity because Plaintiff has failed to establish that the alleged constitutional right was clearly established at the time of Zellner’s actions. … Under this prong of the qualified immunity analysis the issue is whether it was clearly established at the time of Defendant Zellner’s actions that it was unlawful for a prison official to detain a prisoner for a period of

Trammell v. Thomason

559 F. Supp. 2d 1281 · District Court, M.D. Florida · Jun 3, 2008

“In this Circuit, the law can be “clearly established” for qualified immunity purposes only by decisions from the U.S. … Thus, the Court turns to the next sequential step in a qualified immunity analysis, which is to determine whether the right was “clearly established.” Was the right clearly established?

McGory v. Metcalf

665 So. 2d 254 · District Court of Appeal of Florida · Nov 3, 1995

The next inquiry is whether the law allegedly violated was clearly established at the time of *259 the incident. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. Harlow v.

Frias v. Demings

823 F. Supp. 2d 1279 · District Court, M.D. Florida · Oct 14, 2011

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability as long as their conduct does not violate “clearly established statutory or constitutional rights … The second step in determining whether qualified immunity applies is whether the law was “clearly established.” Gonzalez, 325 F.3d at 1234 .

Lelieve v. Oroso

846 F. Supp. 2d 1294 · District Court, S.D. Florida · Feb 14, 2012

Therefore, the burden shifts to Lelieve to demonstrate that Belfort violated a clearly established statutory or constitutional right to overcome the qualified-immunity defense. B. Alleged Constitutional Violations 1. … In sum, Lelieve has not met his burden to demonstrate that Belfort violated a clearly established statutory or constitutional right to overcome the qualified-immunity defense.

Samarco v. Neumann

44 F. Supp. 2d 1276 · District Court, S.D. Florida · Mar 4, 1999

The clearly established law prong of the qualified immunity test many not be met through references to general propositions. See Lassiter, 28 F.3d at 1149-50 . … Substantiating Clearly Established Violations of the Fourth Amendment ■ To overcome qualified immunity, Samar-co must show that: (1) Deputy Christensen violated a federal constitutional right; and (2) that the right was clearly