Case law

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.

Gennusa v. Shoar

879 F. Supp. 2d 1337 · District Court, M.D. Florida · Jul 17, 2012

Defendants further assert that, even if the recording violated plaintiffs’ rights, qualified immunity applies because those rights were not clearly established. … Moreover, defendants are not entitled to qualified immunity because their actions violated plaintiffs’ clearly established rights.

Jean-Baptiste v. Gutierrez

680 F. Supp. 2d 1318 · District Court, S.D. Florida · Jan 13, 2010

The Court of Appeals for the Eleventh Circuit has held that in this Circuit the law can be “clearly established” for qualified immunity purposes, “only by decisions of the U.S. … to qualified immunity.

DelMonico v. Traynor

38 Fla. L. Weekly Supp. 106 · Supreme Court of Florida · Feb 14, 2013

A qualified privilege requires the plaintiff to establish express malice. … Cole, 950 So.2d 380, 383 (Fla.2007), characterized Myers as establishing “the principle of the litigation privilege in Florida, essentially providing legal immunity for actions that occur in judicial proceedings.”

Walker v. Prieto

414 F. Supp. 2d 1148 · District Court, S.D. Florida · Feb 3, 2006

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 of which a reasonable person … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Amnesty International, USA v. Battle

484 F. Supp. 2d 1279 · District Court, S.D. Florida · Apr 24, 2007

Under the doctrine of qualified immunity, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates “clearly established … The purported right Amnesty seeks to invoke in order to pierce Defendants’ qualified immunity here is not as clearly established as the rights invoked by the arrested protestors in Jones .

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

Metro. Dade County v. Chase Fed. Housing

705 So. 2d 674 · District Court of Appeal of Florida · Jan 28, 1998

The legislature established a fund and procedures for carrying out the necessary remedial measures. … The language of the immunity sections, see supra notes 2 and 3, is also comprehensive as to the preclusion of administrative and judicial action against those who qualify.

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200 · District Court, M.D. Florida · May 18, 2011

Qualified immunity applies so long as the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Grider v. … The officer is entitled to qualified immunity if the plaintiff fails to prove (a) that the officer violated the plaintiffs constitutional rights, and (b) that the right was clearly established.

Perez v. School Board

917 F. Supp. 2d 1261 · District Court, S.D. Florida · Jan 17, 2013

Furthermore, because the Defendants have raised qualified immunity as a defense, Plaintiff must allege that the officers violated a clearly-established right. Williams, 102 F.3d at 1182 . … When qualified immunity is raised, Plaintiff must plead facts showing that, at the time of the beating the law clearly established that the force used by the officers was excessive.

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265 · District Court, S.D. Florida · Sep 16, 2011

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 a … ’s actions violate clearly established law.”

Fils v. City of Aventura

768 F. Supp. 2d 1188 · District Court, S.D. Florida · Aug 23, 2010

If he did, qualified immunity applies. … Thus, absent clearly established precedent condemning a factually similar type of arrest, a police officer can generally still claim qualified immunity based on arguable probable cause.

Connor v. Halifax Hospital Medical Center

135 F. Supp. 2d 1198 · District Court, M.D. Florida · Mar 5, 2001

This is particularly true in cases involving qualified immunity, where the court must determine whether a defendant’s actions violated a clearly established right. GJR Investments, 132 F.3d at 1367 . … rules that were “clearly established” at the *1217 time it was taken.

Doe v. City of Miami Gardens

389 F. Supp. 3d 1118 · District Court, S.D. Florida · Apr 9, 2019

Qualified Immunity Framework Qualified immunity "offers complete protection for government officials sued in their individual capacities as long as 'their conduct violates no clearly established statutory or constitutional … The Supreme Court recognizes the "longstanding principle that clearly established law should not be defined at a high level of generality...Otherwise, plaintiffs would be able to convert the rule of qualified immunity into

Wynn v. City of Lakeland

727 F. Supp. 2d 1309 · District Court, M.D. Florida · Jul 20, 2010

“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 of which a reasonable person … To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v.

Barron v. Public Health Trust of Dade County

22 F. Supp. 2d 1368 · District Court, S.D. Florida · Aug 21, 1998

Miller, 57 F.3d 986, 991-93 (11th Cir.1995) (reversing district court’s denial of qualified immunity to defendants on plaintiffs’ First Amendment claims because it was not clearly established that transferring employees, … entitled to qualified immunity.

Roes ex rel. Bazerman v. Florida Department of Children & Family Services

176 F. Supp. 2d 1310 · District Court, S.D. Florida · Sep 24, 2001

of qualified immunity. … Simply put, “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”

Miami-Dade County v. Pozos

242 So. 3d 1152 · District Court of Appeal of Florida · Feb 15, 2017

or qualified immunity. … before it, clearly established the County’s immunity from suit.

Mercado v. City of Orlando

323 F. Supp. 2d 1266 · District Court, M.D. Florida · Jun 24, 2004

Scherer, 468 U.S. 183, 194 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (holding, in the context of “clearly established law,” that “[o]fficials sued for constitutional violations do not lose their qualified immunity merely because … The Court thus, finds that the law was not clearly established and that. Officer Padilla and Officer Rouse, as his supervising officer, are entitled to qualified immunity.

Whittington v. Town of Surfside

490 F. Supp. 2d 1239 · District Court, S.D. Florida · Jun 6, 2007

Qualified Immunity “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 of which … As stated above, “[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 of which