Case law

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.

de Veloz v. Miami-Dade County

255 F. Supp. 3d 1222 · District Court, S.D. Florida · Jun 8, 2017

Once a qualified immunity defense has been asserted, unless Plaintiffs’ “allegations state a claim of violation1 of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.”

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195 · District Court, M.D. Florida · May 25, 2005

the clearly established right to work. 42 Plaintiff then cites Harlow v. … Qualified immunity’s protection exists as long as the official’s conduct violates no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Stucchio v. Tincher

726 So. 2d 372 · District Court of Appeal of Florida · Feb 5, 1999

Clearly this testimony is absolutely privileged. See Fridovich v. Fridovich, 598 So.2d 65 (Fla.1992). Suppose the information was divulged not in court but in a pretrial deposition. … Clearly, the law before Fridovich established an absolute privilege for a statement made "that had some relation" to a judicial proceeding.

Olson v. Johnson

961 So. 2d 356 · District Court of Appeal of Florida · Jun 29, 2007

Alternatively, Johnson asserts that a qualified privilege is applicable and is sufficient to defeat Olson's claim. We conclude that neither an absolute nor a qualified privilege applies here. … Sovereign Immunity Does Not Apply Finally, Johnson has failed to explain how her actions in filing the police affidavit could possibly be protected by sovereign immunity.

Nigro v. Carrasquillo

152 F. Supp. 3d 1364 · District Court, S.D. Florida · Dec 17, 2015

Accordingly, Officer Carrasquillo is entitled to qualified immunity. … Qualified immunity protects government officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Wood v.

Brown v. Ridgway

845 F. Supp. 2d 1273 · District Court, M.D. Florida · Feb 29, 2012

“Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id. … See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (“Qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a clearly established

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

Shafran v. Parrish

787 So. 2d 177 · District Court of Appeal of Florida · May 11, 2001

Clearly, your actions are criminal regardless of whether or not your accusations are untrue.... . . . . … Therefore, the appellees did not establish that they were entitled to a summary judgment based on an undisputed fact of nonpublication.

Durruthy v. City of Miami

235 F. Supp. 2d 1291 · District Court, S.D. Florida · Dec 13, 2002

The defense of qualified immunity shields a government official from § 1983 liability for harms arising from the offi- *1296 dal’s discretionary acts, so long as the discretionary acts do not violate clearly established federal … Once the defendant establishes that he was acting within his discretion, the burden shifts to the plaintiff to show, that qualified immunity should not be applied. Id.

Burge v. Ferguson

619 F. Supp. 2d 1225 · District Court, M.D. Florida · Dec 16, 2008

established Fourth Amendment right. 12 Accordingly, qualified immunity is unavailable at this stage. … But see Thomas, 463 F.3d at 293-94 (concluding that “a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds.”). 8 ."

Stachel v. City of Cape Canaveral

51 F. Supp. 2d 1326 · District Court, M.D. Florida · Jun 22, 1999

Qualified immunity shields government officials performing discretionary functions from civil Lability where “ ‘them conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, even if this use of force was unnecessary, the defendants are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful. See Goodman v.

Cruz v. Green

352 F. Supp. 3d 1213 · District Court, S.D. Florida · Jan 7, 2019

DISCUSSION Captain Green argues that she is entitled to qualified immunity because she acted within the scope of her official duties and did not violate any clearly established statutory or constitutional rights. … See Callahan , 555 U.S. at 241 , 129 S.Ct. 808 (permitting district courts to evaluate whether § 1983 defendants violated clearly established law as the initial step in a qualified immunity analysis).

Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

31 So. 3d 210 · District Court of Appeal of Florida · Feb 24, 2010

Therefore, the plaintiff argues the Sheriffs absolute immunity is limited to qualified immunity based upon whether there was a disclosure of knowingly false information. … Section 943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law. For these reasons, we affirm. Affirmed. GROSS, C.J., and CIKLIN, J., concur. 1 .

Bensch v. Metropolitan Dade County

798 F. Supp. 678 · District Court, S.D. Florida · May 4, 1992

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court reiterated: “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity … Qualified immunity is an affirmative defense, however, so it may only be asserted in a 12(b)(6) motion when the “complaint itself establishes ... qualified immunity.” Green v.

Erickson v. Hunter

932 F. Supp. 1380 · District Court, M.D. Florida · Apr 10, 1996

DISCUSSION (1) Qualified Immunity Defendant Don Hunter raises the issue of qualified immunity. … Qualified Immunity will shield public officials performing discretionary functions only to the extent that their actions do not violate clearly established constitutional rights. Harlow v.

Palisano v. City of Clearwater

219 F. Supp. 2d 1249 · District Court, M.D. Florida · Aug 14, 2002

Under the doctrine of qualified immunity, governmental officials are shielded from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … defeating qualified immunity).

Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions

132 So. 3d 786 · Supreme Court of Florida · Jan 27, 2014

We also conclude that the ballot title and summary comply with section 101.161(1) because they are not clearly and conclusively defective. … This limited immunity is necessary because, in the absence of such immunity, the mere act of prescribing marijuana, a controlled substance under Florida law, would result in civil or criminal liability or sanctions, which

Pace v. City of Palmetto

489 F. Supp. 2d 1325 · District Court, M.D. Florida · Jun 12, 2007

In this Circuit, the law may be “clearly established” for qualified immunity purposes only by opinions from the United States Supreme Court, the Eleventh Circuit Court of Appeal, or the highest court of the state in whose … Therefore, based on the particular *1336 factual circumstances in which Ahler acted and the lack of “clearly established” case law, this Court concludes that Ahler is entitled to qualified immunity on Pace’s § 1983 claim.

Nelson Ex Rel. the Estate of Nelson v. Prison Health Services, Inc.

991 F. Supp. 1452 · District Court, M.D. Florida · Dec 30, 1997

Qualified Immunity The Sheriff argues that the doctrine of qualified immunity precludes his individual liability for civil damages. … The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil. damages as long as their actions do not violate clearly established statutory or constitutional