Case law

Royal Insurance v. P.S.I. Agency, Inc. (In Re Clearwater Bay Marine Service, Inc.)

236 B.R. 285 · United States Bankruptcy Court, M.D. Florida · Jun 23, 1999

Before considering whether, based on these facts, Royal established a viable claim based on the alleged negligence of the Trustee, it is necessary to consider at the outset whether the doctrine of derived judicial immunity … Clearly, it was the Trustee’s duty to ensure that the premises were secure.

Kenson Louima v. State of Florida

175 So. 3d 893 · District Court of Appeal of Florida · Sep 9, 2015

Notably, however, the state never argued that the DOC records independently established that Louima qualified for PRR sentencing. … Specifically, prior to Louima’s testimony, the trial court indicated that the state had failed to establish that Louima qualified for a PRR sentence.

Marinelli v. Weaver

187 So. 2d 690 · District Court of Appeal of Florida · Jun 8, 1966

Bank of Miami Beach, Fla. 1957, 95 So.2d 891 , is clearly dispositive of such contention adverse to the Marinellis. … The Marinellis were clearly liable as accommodation makers on the note, and the learned trial Judge was correct in so holding.

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

Anthony Newton v. Caterpillar Financial Services Corporation

253 So. 3d 1054 · Supreme Court of Florida · Sep 27, 2018

impression that the Sherrill court concluded that a crane is a dangerous instrumentality seems to arise from this language: [H]ad [the crane owner] simply leased the crane to [the general contractor], it would clearly … The Thomas court addressed and rejected a specific, narrow argument that the tow motor was not being operated in public and, therefore, could not qualify as a dangerous instrumentality. Id.

Dalton v. City of Largo

District Court, M.D. Florida · Sep 11, 2025

“A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle … Ordinarily, “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.’”

FORD

District Court, N.D. Florida · May 20, 2026

To overcome qualified immunity at the motion to dismiss stage, “the operative complaint must plausibly plead that [1] the defendant violated the plaintiff’s federal rights and [2] those rights were clearly established … The Court will now turn to the second step of the qualified immunity analysis, which is determining whether the right was clearly established. B.

Dickinson v. Stone

251 So. 2d 268 · Supreme Court of Florida · Aug 3, 1971

It is not for us to immunize one executive officer's enclave or official domain from an overall regulation of all agencies as a territorial whole where there is no demonstrated interference with such officer's constitutional … This new constitutional provision clearly recognizes the right of the Legislature to qualify, explain, and restrict items of appropriation in the General Appropriations Act.

Brown v. Miami-Dade County

837 So. 2d 414 · District Court of Appeal of Florida · Jan 28, 2003

Failing to establish a safe perimeter around the ongoing police operation; b. … These activities were part of the discretionary function leading up to the making of the undercover arrest, and qualify for exemption under the sovereign immunity doctrine. The panel relied on City of Pinellas Park v.

Talavera v. State

186 So. 2d 811 · District Court of Appeal of Florida · May 25, 1966

Therefore it is incumbent upon the state to clearly establish a waiver of this right. "A distinction is recognized * * * between submission to the apparent authority of an officer and unqualified consent. … The appellee contends it is clearly shown by the record that the appellant voluntarily consented to the search.

Thampi v. Collier County Board of Commissioners

510 F. Supp. 2d 838 · District Court, M.D. Florida · Mar 5, 2007

Defendants Mudd and DeLony assert that they are entitled to summary judgment based upon qualified immunity. (Docs.# 303, 305.) Qualified immunity principles were summarized in Dalrymple v. … Once the government official has established that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.

Avera v. United Air Lines

686 F. Supp. 2d 1262 · District Court, N.D. Florida · Jan 28, 2010

In 1959, the FAA established age 60 as the retirement age for air carrier pilots (hereinafter, the “Age 60 Rule”). Doc. 43., at 3-4. … Doc. 52, p. 7; 49 U.S.C. § 44729 (e)(2). 6 Sovereign Immunity The federal Defendants raise sovereign immunity to Plaintiffs claims for monetary damages. Doc. 52, p. 8.

Bonati v. State of Florida Agency for Health Care Administration

District Court, M.D. Florida · Dec 4, 2024

was clearly established at the time of the challenged action.” … The plaintiff’s two-step burden can be considered in either order, and “an official is entitled to qualified immunity if the plaintiff fails to establish either.” Jarrard v.

Heard v. Hughes

District Court, M.D. Florida · Aug 20, 2025

Hughes also raises Eleventh Amendment immunity and qualified immunity. A. … Qualified immunity “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional

Ago

Florida Attorney General Reports · Jun 26, 2002

by statute. 2 Any county that elects to establish a Civil Traffic Infraction Hearing Officer Program is responsible for providing the funds necessary to operate the program. 3 As lawyers, these hearing officers are subject … serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and have no definite term of office. 13 They are not subject to the Judicial Code of Ethics although they have judicial immunity

Duck Tours Seafari, Inc. v. City of Key West

875 So. 2d 650 · District Court of Appeal of Florida · Mar 17, 2004

The City argues that it is entitled to state action immunity. State action immunity is a doctrine which originated under federal antitrust law. See City of Columbia v. … Because the traffic code does not contain any clearly expressed state policy to suppress competition, it follows that the City was not entitled to summary judgment on the issue of state action immunity. C.

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida · Feb 11, 2015

well-established Florida law that a party who is required to give notice under NICA’s Notice Provision and fails to do so waives its right to assert the exclusivity of remedies in NICA’s Immunity Provision. … Because the plaintiffs have alleged that UM is “directly involved” in the labor and delivery, and UM is clearly entitled to immunity under the terms of NICA’s Immunity Provision under the plaintiffs’ “directly involved”

City of Miami v. Bethel

65 So. 2d 34 · Supreme Court of Florida · Apr 28, 1953

municipality has been held liable for the unlawful commission by its agents of an act otherwise lawful, recovery has been confined to those cases where the act attempted and the unlawful manner of its execution have been clearly … The principle of municipal nonliability while acting in a purely governmental capacity which was established in the long, long ago has become archaic and is now outmoded.

Murthy v. Sinha Corp.

644 So. 2d 983 · Supreme Court of Florida · Sep 8, 1994

civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil liability." … Rather, we find that most of the decisions on which the owners rely do not clearly recognize that chapter 489 creates a private cause of action against a corporation's qualifying agent.