Case law

Gerard v. Department of Transportation

9 Fla. L. Weekly 1784 · District Court of Appeal of Florida · Aug 15, 1984

But a statutory waiver of sovereign immunity must be clearly expressed and strictly construed, see Rabideau v. State, 409 So.2d 1045 (Fla.1982); State ex rel. Division of Administration v. … Appellant further argues that the action below should be allowed to proceed so as to establish a predicate for a possible legislative claim request.

Cordoves v. Miami-Dade County

92 F. Supp. 3d 1221 · District Court, S.D. Florida · Mar 12, 2015

based upon qualified immunity.” … 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

Wilson v. Franceschi

735 F. Supp. 395 · District Court, M.D. Florida · Feb 5, 1990

Whether an official asserting qualified immunity is immune from suit is determined by the “ ‘objective reasonableness’ of his action assessed in light of the legal rules that were ‘clearly established’ at the time it was … Further, “Once a defendant advances a defense of qualified immunity, he is entitled to summary judgement unless ‘the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions

Stephens v. Broward Sheriff's Office

84 F. Supp. 3d 1327 · District Court, S.D. Florida · Dec 10, 2014

For an official to lose qualified immunity, the plaintiff must show both that a constitutional violation occurred, and that the violation was of a *1337 clearly established, right. See id. … Because the Court finds that the Plaintiff has not brought forth sufficient evidence to show that a constitutional violation occurred, it need not address the "clearly established” prong of the qualified immunity defense

STATE OF FLORIDA v. RODNEY CHAVERS

230 So. 3d 35 · District Court of Appeal of Florida · Nov 15, 2017

The State further argues that the evidence presented clearly establishes that in the moments leading up to the shooting, Chavers was either committing a felony (carrying a concealed firearm without a license) or a misdemeanor … to use deadly force if he or she satisfies the common-law duty to retreat; (2) the evidence showed that Chavers might have been openly carrying a firearm, merely a second- degree misdemeanor, which does not or should not qualify

Miami-Dade County v. Rodriguez

67 So. 3d 1213 · District Court of Appeal of Florida · Aug 31, 2011

clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … from suit than does a public official: [F]orcing the state to wait until a final judgment before appealing the issue of sovereign immunity does not present the same concerns that exist in the area of qualified immunity [

McCurry v. Moore

242 F. Supp. 2d 1167 · District Court, N.D. Florida · Nov 21, 2002

Macon County, 1 F.3d 1558, 1563 (11th Cir.1993) (denying qualified immunity defense and finding there was a clearly established right under the Fourteenth Amendment to not be falsely imprisoned); Douthit v. … Indeed, in 1993 the Eleventh Circuit reversed the granting of a qualified immunity defense in Cannon and found the law to have been clearly established by 1980 based on Douthit. Cannon, 1 F.3d at 1564-65 .

RONALD HIGHT, JR. v. STATE OF FLORIDA

253 So. 3d 1137 · District Court of Appeal of Florida · Aug 8, 2018

The trial court found that the evidence established that the victim was a “bully” and that appellant armed himself “because of on-going events with [the victim].” … Requiring the state to go forward with clear and convincing evidence after the defendant’s initial prima facie claim is clearly a “new legal burden.” See id.

Hatcher ex rel. Hatcher v. Desoto County School District Board of Education

939 F. Supp. 2d 1232 · District Court, M.D. Florida · Apr 5, 2013

Qualified immunity provides “complete protection for individual public officials performing discretionary functions insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The familiar two-step qualified immunity analysis involves first determining whether the defendant’s conduct amounted to a constitutional violation, and second determining whether the right violated was clearly established

Southern Alliance Corp. v. City of Winter Haven

12 Fla. L. Weekly 830 · District Court of Appeal of Florida · Mar 18, 1987

Indian River County, 371 So.2d 1010 (Fla. 1979), the actions of the City were "clearly discretionary and policy making" and therefore, the City was immune from suit under the doctrine of sovereign immunity. … Further, in Gomez , the Supreme Court held that an official's qualified immunity was a defense that had to be pleaded. 446 U.S. at 640 , 100 S.Ct. at 1923.

Maggio v. Florida, Department of Labor & Employment Security

56 F. Supp. 2d 1370 · District Court, M.D. Florida · Jul 19, 1999

“Qualified immunity protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates ‘no clearly established … To defeat their claim of qualified immunity, Plaintiff must establish that the individual Defendants “violated her clearly established constitutional rights,” and “that a reasonable government official would have been aware

MENDOZA v. DIXON

District Court, N.D. Florida · Sep 5, 2023

Qualified immunity is a shield from liability for government actors, prohibiting “civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or … One way for Plaintiff to show that the law is clearly established is to point to a “broader, clearly established principle [that] should control the novel facts [of the] situation.” Terrell v.

Lawson v. City of Miami Beach

908 F. Supp. 2d 1285 · District Court, S.D. Florida · Dec 11, 2012

Moreover, they raise the affirmative defense of qualified immunity. The Court will address the qualified immunity argument first. … As a result, “unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Allen v.

Geidel v. City of Bradenton Beach

56 F. Supp. 2d 1359 · District Court, M.D. Florida · Jun 9, 1999

established at the time of the Officers’ actions. “ ‘Clearly established’ for purposes of qualified immunity means that ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand … The Officers, in their individual capacities, are, therefore, entitled to qualified immunity on Count I.

Love v. State

247 So. 3d 609 · District Court of Appeal of Florida · May 11, 2018

Subsection (4) of 776.032 then establishes the burden of proof to be applied at the pretrial immunity hearing where the person’s substantive right to Stand Your (Fla. 3d DCA 2014). … Bretherick was decisional law that established the procedures to use in pretrial immunity hearings in Stand Your Ground cases before June 9, 2017, because the Legislature had left this procedural gap. 3 We are cognizant of

Sosa v. Hames

581 F. Supp. 2d 1254 · District Court, S.D. Florida · Oct 7, 2008

Therefore, the burden shifts to Sosa to demonstrate that Defendants violated a clearly established statutory or constitutional right to overcome the qualified immunity defense. … a violation was clearly established.

Abel Limones, Sr. v. School District of Lee County

40 Fla. L. Weekly Supp. 182 · Supreme Court of Florida · Apr 2, 2015

Users are clearly “immune from civil liability for any harm resulting from the use or attempted use” of an AED. § 768.1325(3), Fla. Stat. … Of course, as McCain acknowledges, some facts must be established to determine whether a duty exists, such as the identity of the parties, their relationship, and whether that relationship qualifies as a special relationship

Schultz v. Hall

365 F. Supp. 2d 1218 · District Court, N.D. Florida · Apr 15, 2005

of their conduct was not clearly established at the time. … Plaintiff also contends that the force employed against her cannot be described as de min-imis and that the deputies conduct violated clearly established law, which precludes granting them qualified immunity.

Ago

Florida Attorney General Reports · Apr 28, 1988

liability for his or her investigative actions. 11 The test for qualified immunity is an objective one: whether the conduct of a governmental official "violate[s] clearly established statutory or constitutional rights of … However, a prosecutor enjoys only qualified immunity when carrying out administrative or investigative functions.

Fariello v. Gavin

873 So. 2d 1243 · District Court of Appeal of Florida · May 28, 2004

Gavin and the Association moved to dismiss the complaint with prejudice asserting absolute and qualified immunity as the bases for the dismissal. … Once again, however, the affirmative defense of qualified immunity presents a fact intensive issue that should ordinarily not be resolved by a motion to dismiss. See Schreidell v.