Case law

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

Harris v. G.K.

187 So. 3d 871 · District Court of Appeal of Florida · Feb 24, 2016

Analysis Qualified immunity shields a government actor from personal liability when his conduct does not violate clearly established rights. See Anderson v. … The burden then shifts to the plaintiff to prove that the defendant’s conduct violated clearly established statutory or constitutional rights. Harlow, 457 U.S. at 818, 102 S. Ct. 2727. Becker v.

Anderson v. Snyder

389 F. Supp. 3d 1082 · District Court, S.D. Florida · Mar 20, 2019

"Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly *1095 established statutory or constitutional rights of which a reasonable … There are two ways to determine if a right is clearly established. First, a constitutional right may be clearly established if there is an existing decision by the U.S.

Dahly v. DCFS

876 So. 2d 1245 · District Court of Appeal of Florida · Jul 2, 2004

Qualified immunity from a federal civil rights claim means that government officials performing discretionary functions are shielded from personal liability for civil damages insofar as their conduct does not violate clearly … Geoghegan, 702 So.2d 517, 526 (Fla. 2d DCA 1997) (describing the two-step analysis of a qualified immunity defense).

Kubany v. School Board of Pinellas County

839 F. Supp. 1544 · District Court, M.D. Florida · Nov 20, 1993

QUALIFIED IMMUNITY. … Unless the state of the law was so well established that a reasonable official should have been on notice that his or her chai-' lenged conduct was unlawful, that official is entitled to qualified immunity. -.Id.

Staco v. Miami-Dade County

536 F. Supp. 2d 1301 · District Court, S.D. Florida · Feb 26, 2008

This heightened pleading standard is important because the court in a qualified immunity case must determine whether the individual defendant’s actions violated a “clearly established” constitutional right. Id. … The affirmative defense of qualified 'immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Riebsame v. Prince

267 F. Supp. 2d 1225 · District Court, M.D. Florida · May 9, 2003

Deputy Prince is entitled to qualified immunity from Count III of Rieb-same’s complaint. Riebsame has not shown that Deputy Prince violated any clearly-established constitutional or statutory law. … Riebsame has not proved that Sheriff Williams violated any clearly-established constitutional or statutory right. No genuine issue of material fact remains as to Sheriff Williams’ qualified immunity. D.

Sanguinetti

District Court, M.D. Florida · Feb 20, 2026

right was clearly established at the time of the misconduct. … This claim is barred by qualified immunity.

Milward v. Shaheen

148 F. Supp. 3d 1341 · District Court, M.D. Florida · Oct 29, 2015

Qualified Immunity Qualified immunity protects municipal officers from liability in § 1983 actions as long as their conduct does- not violate clearly established statutory or constitutional rights of which a reasonable person … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009)); A right may be clearly established for the purposes of qualified immunity in one of three ways: “1) case law with indistinguishable facts clearly establishing

Navarro v. City of Riviera Beach

192 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 29, 2016

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … Even to the extent that facts exist capable of demonstrating a violation of a clearly established constitutional right and, thus, overcoming qualified immunity as to Sheriff Bradshaw in his individual capacity, amendment

Danielle Ex Rel. Komando v. Adriazola

284 F. Supp. 2d 1368 · District Court, S.D. Florida · Sep 4, 2003

However, individual government employees acting within the scope of their official duties enjoy the defense of qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which … Defendants further contend that, even if Plaintiff does state a claim under § 1983, that violation of these state rules was not clearly established, and, therefore, the Defendants are entitled to qualified immunity.

Delgado v. Miami-Dade County

456 F. Supp. 2d 1234 · District Court, S.D. Florida · Oct 9, 2006

For a right to be “clearly established” for qualified immunity purposes, previous case law must have developed it in a concrete factual context so as to make it obvious to a reasonable government actor that his actions violate … The Court finds that Officer David Riley is entitled to qualified immunity.

Gomez v. Lozano

839 F. Supp. 2d 1309 · District Court, S.D. Florida · Mar 13, 2012

Qualified immunity does not apply where (1) the facts show a constitutional-rights violation, and (2) the law clearly established that right at the time the official violated it. See Pearson v. … Therefore, qualified immunity attaches to Mr. Lozano. Even if I independently considered the clearly established-law issue, I would hold that qualified immunity attaches.

Tunnell v. Crosby

657 F. Supp. 2d 1263 · District Court, N.D. Florida · Aug 24, 2009

This is so because the motions to dismiss plainly must be granted anyway based on qualified immunity. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. … The defendants thus have qualified immunity. See, e.g., Anderson v.

Howard v. Wilkinson

305 F. Supp. 3d 1327 · District Court, M.D. Florida · Apr 2, 2018

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 known … The Plaintiffs have met their burden of establishing that the Officer Defendants are not entitled to qualified immunity. 3.

Borrero v. Metro-Dade County

19 F. Supp. 2d 1310 · District Court, S.D. Florida · May 13, 1998

Therefore, qualified immunity will not apply only when a reasonable official would have known that her actions violated an individual’s clearly established rights. See Anderson v. … Therefore, as the facts stand at the summary judgment stage, Officer Serrano is not entitled to qualified immunity. 3 Moreover, showing that a right is “clearly established” is not the only way a plaintiff can get around

Fuller v. Truncale

50 So. 3d 25 · District Court of Appeal of Florida · Nov 2, 2010

In the motion to dismiss, Fuller claimed judicial immunity against the class action, arguing he was simply following protocol established in several administrative orders. … Exposito, 824 So.2d 954, 955 (Fla. 3d DCA 2002) (stating ”[b]ecause qualified immunity protects an individual from having to defend a suit, O'Brien will effectively lose his entitlement to qualified immunity if the case proceeds

Harris v. District Board of Trustees of Polk Community College

9 F. Supp. 2d 1319 · District Court, M.D. Florida · Jun 18, 1998

The Eleventh Circuit Court of Appeals affirmed this Court’s ruling on the law enforcement officer defendants, saying that they were not entitled- to qualified immunity because “their conduct violated clearly established law … The Circuit Court of Appeals granted qualified immunity to the university officials in Andre because the plaintiff did not allege that they violated any clearly established law. Id. at 6.