Case law

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

Conklin v. Cohen

287 So. 2d 56 · Supreme Court of Florida · Dec 5, 1973

Furthermore, it is clear that the owners did not qualify as "contractors" or "statutory employers," within the foregoing definitions thereof. … [owner's] negligence," clearly stated a cause of action against the owners, and, as clearly, were sufficient to withstand the owners' Motion to Dismiss. II.

Blackshear v. City of Miami Beach

799 F. Supp. 2d 1338 · District Court, S.D. Florida · Jul 26, 2011

QUALIFIED IMMUNITY STANDARD “[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 … Defendant Wyatt is not entitled to qualified immunity.

Limones v. School District of Lee County

111 So. 3d 901 · District Court of Appeal of Florida · Feb 6, 2013

“It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care.” Union Park Mem’l Chapel v. Hutt, 670 So.2d 64, 66-67 (Fla.1996). … as establishing a civil liability.”

Metro. Dade County v. Chase Fed. Housing

737 So. 2d 494 · Supreme Court of Florida · Jun 10, 1999

In conjunction with the statewide program, the Legislature established a fund to clean sites contaminated by dry cleaning solvents. [2] The Act provides that the owners or operators of dry cleaning establishments, who could … CONCLUSION We find that the Legislature has clearly expressed its intent through the language of the statute as well as the structure and purpose of the Act to apply the immunity provisions found in subsections 376.3078(3

Marx v. Gumbinner

716 F. Supp. 1434 · District Court, S.D. Florida · May 19, 1989

Qualified Immunity Even if probable cause did not exist, Defendants are still entitled to qualified immunity because those Defendants reasonably believed such probable cause existed. … Accordingly, Defendants are entitled to qualified immunity for Plaintiff’s arrest. C.

Corbett v. Transportation Security Administration

968 F. Supp. 2d 1171 · District Court, S.D. Florida · Nov 16, 2012

Chamizo finally argues that he is entitled to qualified immunity, as Plaintiff’s allegations fail to establish any violation of a clearly established constitutional right. (Id. at 5-15.) … In the Eleventh Circuit, “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Anthony v. Burkhart

28 F. Supp. 2d 1239 · District Court, M.D. Florida · Sep 30, 1998

For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Once the qualified immunity defense is raised, Plaintiffs bear the burden of showing that the federal "rights” allegedly violated were “clearly established.” Barts v.

Florida Country Clubs, Inc. v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.

98 F. Supp. 2d 1356 · District Court, M.D. Florida · May 23, 2000

provided qualified immunity from such a suit. … if so, proceed to determine whether that right was clearly established at the time of the alleged violation.”

Robinson v. Brown

987 F. Supp. 1470 · District Court, S.D. Florida · Nov 13, 1997

QUALIFIED IMMUNITY AND EXCESSIVE FORCE. (i). Qualified Immunity. 6. The Supreme Court has developed an objective-reasonableness test for evaluating actions involving a government official’s claim of qualified immunity. … of that clearly-established law.

Scherer v. Davis

543 F. Supp. 4 · District Court, N.D. Florida · Jun 7, 1982

Qualified Immunity. As public officials, defendants Davis and Beach enjoy a qualified immunity which limits their liability for damages. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Cruz v. … Plaintiff suggests that this court should adhere to a recent Fifth Circuit decision which held that officials were not entitled to qualified immunity when they violated clearly established state law. Wiliams v.

Mahon v. City of Largo, Fla.

829 F. Supp. 377 · District Court, M.D. Florida · Jul 26, 1993

QUALIFIED IMMUNITY “A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established law of which the reasonable … The burden to establish the affirmative defense of qualified immunity rests with the defendant claiming immunity.

Dominguez v. METROPOLITAN MIAMI-DADE COUNTY

359 F. Supp. 2d 1323 · District Court, S.D. Florida · Nov 23, 2004

to qualified immunity from suit. … that the public actor has violated a clearly established constitutional right.

COMMISSIONER JOE CAROLLO v. PLATINUM ADVISORS, LLC

District Court of Appeal of Florida · Feb 10, 2021

and qualified immunity. … Thus, a government official – including a city commissioner performing a legislative duty – enjoys qualified immunity from liability for civil damages so long as his or her conduct “does not violate clearly established

Howard v. Wilkinson

380 F. Supp. 3d 1263 · District Court, M.D. Florida · May 17, 2019

"In this circuit, the law can be 'clearly established' for qualified immunity purposes only by decisions of the U.S. … "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 within

Salgado v. City of West Miami

85 F. Supp. 3d 1332 · District Court, S.D. Florida · Feb 4, 2015

The “Clearly Established” Inquiry Although Plaintiffs have shown enough facts to support a constitutional violation, Baron would still be entitled to qualified immunity if his conduct did not violate clearly established law … Baron is not entitled to qualified immunity. IV.

Rabideau v. State

391 So. 2d 283 · District Court of Appeal of Florida · Dec 4, 1980

Certainly the legislature did not intend in one breath to establish this qualification and in the next to extinguish it. … Supp. 81 (N.D.Fla. 1948), said: The evidence in the case clearly established plaintiff's right to recover for the injuries suffered by him, if this court has jurisdiction of the suit.

Wordley v. San Miguel

915 F. Supp. 2d 1312 · District Court, S.D. Florida · Jan 3, 2013

Qualified immunity offers government officials sued in their individual capacity complete protection as long as their conduct violates no clearly established law of which a reasonable person would have known. Hoyt v. … Under this test, the law is clearly established, and qualified immunity can be overcome, only if the standards set forth in Graham and our own case law “inevitably lead every reasonable officer in [the defendant’s] position

Harrell v. Campbell

482 F. Supp. 2d 1373 · District Court, N.D. Florida · Mar 20, 2007

has no qualified immunity. … Rather than an issue about the clearly established law, the issue in the case at bar is the facts.

Spechler v. Tobin

591 F. Supp. 2d 1350 · District Court, S.D. Florida · Dec 10, 2008

Qualified Immunity The qualified immunity defense may be raised and addressed on a motion to dismiss, and will be granted if the complaint “fails to allege the violation of a clearly established constitutional right.” … Accordingly, the allegations in the complaint do not establish an access to courts claim and the Chief Judge is entitled to qualified immunity. c.