Case law

Fernander v. Bonis

947 So. 2d 584 · District Court of Appeal of Florida · Jan 3, 2007

We first address Fernander's claim the trial court erred in finding that Captain Bonis was entitled to qualified immunity as to Fernander's 42 U.S.C. § 1983 due process claims. … A plaintiff suing a government official has the burden of showing that the official's acts, at the time, violated clearly established law." Alexander v. Univ. of N. Fla., 39 F.3d 290 , 291 (11th Cir.1994).

Allen v. Pacheco

District Court, M.D. Florida · Dec 11, 2020

a clearly established constitutional right.’” … As Officer Suttle did not raise the qualified immunity issue for any other claims, Allen did not have a sufficient opportunity to respond regarding qualified immunity for those claims

Wright v. 15th District Palm Beach County State Attorney's Office

District Court, S.D. Florida · Aug 4, 2025

Lastly, the Court agrees with the Report that Deputy Di Orsini is entitled to qualified immunity, because Count 5 fails to allege any constitutional violations, let alone any “clearly established” constitutional violations … App’x 870, 875 (4th Cir. 2004).], none of that would signal a violation of a “clearly established” constitutional right in this Circuit as would be required to overcome qualified immunity. See Chesser v.

Buckner v. Lower Florida Keys Hosp. Dist.

403 So. 2d 1025 · District Court of Appeal of Florida · Aug 11, 1981

To support a cause of action for conspiracy to defame, it is therefore incumbent upon a plaintiff to properly allege those elements which would establish a defamation, one of which is a publication. Barry College v. … Although some do not heed to the pleading requirements, it is still mandatory under established precedent that a complaint must allege ultimate facts. Ocala Loan Company v. Smith, 155 So.2d 711 (Fla. 1st DCA 1963).

ATHEISTS OF FLORIDA v. City of Lakeland, Fla.

779 F. Supp. 2d 1330 · District Court, M.D. Florida · Mar 15, 2011

Qualified Immunity Defendants also urge this Court to dismiss all claims against Lakeland Mayor Gow Fields because, at least according to Defendants, Defendant Fields enjoys qualified immunity from suit. … “Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any ‘clearly established statutory or constitutional rights

KAISER v. DIXON

District Court, N.D. Florida · Oct 24, 2024

Additionally, FDC Defendants raise the defense of qualified immunity in their motion to dismiss. The throughline requirement in each of these areas is the presence of a constitutional violation. … to the next step of determining if a constitutional right was clearly established”).

Gibson v. Idleberg

District Court, M.D. Florida · Sep 18, 2025

was clearly established at the relevant time.” … Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

Jarvis v. City of Daytona Beach

District Court, M.D. Florida · Oct 23, 2024

A district court’s order denying the defense of qualified immunity is an immediately appealable order within the meaning of 28 U.S.C. § 1291. Mitchell v. … Until the Eleventh Circuit determines whether the relevant law was clearly established, Defendants should not be subjected to trial.

Hopps v. City of Tampa

District Court, M.D. Florida · Jul 24, 2025

“In assessing qualified immunity at the motion to dismiss stage, ‘the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.’” Aguirre-Jarquin v. … See Wilson, 54 F. 4th at 660 (“[I]t is not necessary to decide both prongs [of the qualified immunity analysis] where it is plain that the right is not clearly established.”).

Debra Sue Rodriguez and MacEdonio Coc Rodriguez v. Donna Marie Currey

District Court of Appeal of Florida · Apr 3, 2025

This occurs when an order violates “a clearly established” legal principle. See id. at 355. “A classic example . . . is a trial court’s failure to follow binding precedent.” State Farm Fla. Ins. Co. v. … 355 (“There is an important difference between a departure from the essential requirements of law where there has been a violation of a clearly established principle of law and a case that involves an issue of law where

Sonny Boy, LLC v. Asnani

879 So. 2d 25 · District Court of Appeal of Florida · May 28, 2004

In my view, two different standards were intended and clearly imposed by these provisions. … Clearly section 718.303(1) was not involved, nor was it mentioned.

Melinda Butler v. Sarah Harter

152 So. 3d 705 · District Court of Appeal of Florida · Dec 1, 2014

Work-Product Privilege and Motions for Attorney’s Fees It is well-established that “work product retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent … The federal district court held that counsel waived attorney-client privilege when he testified regarding the basis for the offer, and he clearly waived the privilege when he established a record regarding the basis for

Dayton v. City of Marco Island

District Court, M.D. Florida · Nov 5, 2021

Qualified immunity protects government officials (sued individually) if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because Plaintiffs cannot show a clearly established right, qualified immunity protects Brechnitz. See Fuqua v.

Carlyle v. Dejesus

District Court, M.D. Florida · Jul 30, 2020

Therefore, he has failed to show the violation of a clearly established constitutional right. Accordingly, Defendants are entitled to qualified immunity. See Buford v. … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Moulton v. Prosper

District Court, S.D. Florida · Sep 11, 2019

To overcome the qualified immunity defense, a plaintiff must show that the officer deprived him of a constitutional right that was “clearly established” at the time of the alleged offense. See Saucier v. … To circumvent the Defendant’s entitlement to qualified immunity, the Plaintiff therefore bears the burden of establishing that the officers violated his “clearly established” constitutional right to be free from the

Connelly v. Hall

District Court, S.D. Florida · Apr 15, 2025

Once qualified immunity is raised by a defendant, and it is established that the government official was acting within his/her discretionary authority, the burden shifts to the plaintiff to show that qualified immunity … Therefore, Defendants are entitled to qualified immunity and the Court need not address whether the law was clearly established. IV.

Grieb

District Court, M.D. Florida · Jan 29, 2026

But under the doctrine of qualified immunity, a plaintiff must surmount a high bar: he must demonstrate that the officers violated a statutory or constitutional right that was “clearly established” at the time of the … Norrod, 106 F.3d 1289, 1299 (6th Cir. 1997) (concluding that an observing officer was entitled to qualified immunity because “there was no clearly established right being violated for which [he] had a duty to intervene

Pensacola Christian College v. Bruhn

80 So. 3d 1046 · District Court of Appeal of Florida · Dec 30, 2011

Toyota Distribs., LLC., 60 So.3d 1155, 1157-58 (Fla. 1st DCA 2011) (“A special employer qualifies as such where ‘(1) there was a contract for hire, either express or implied, between the special employer and the employee; … Hecht Invs., Ltd., 924 So.2d 944, 945-46 (Fla. 3d DCA 2006) (holding that W-2 tax forms alone did not establish an employment relationship). Rather, as this court stated in Hoar Construction v.

Webb v. English

District Court, M.D. Florida · Sep 23, 2021

First, decisions at the district court level, like the one in Baker, are insufficient to clearly establish the law for purposes of a qualified immunity analysis. … Even so, in the context of qualified immunity, posed-but-undecided questions of constitutionality do not clearly establish a right.

Puglia v. Nienhuis

District Court, M.D. Florida · Mar 31, 2023

Qualified immunity protects government officials performing discretionary functions from being sued in their individual capacities unless their conduct violates a clearly established … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.