Case law

Martinez Verde v. Pasco County Sheriff's Department

District Court, M.D. Florida · Mar 8, 2023

Assuming probable cause and arguable probable cause were lacking for Plaintiff’s arrest, they claim that qualified immunity still applies because there was no violation of clearly established law to make out a First Amendment … Qualified immunity shields federal and state officials from money damages unless the plaintiff can establish that (1) the official violated a statutory or constitutional right, and (2) the right was clearly

Rindley v. Gallagher

890 F. Supp. 1540 · District Court, S.D. Florida · Jun 21, 1995

“Once a defendant pleads a defense of qualified immunity, ‘[o]n summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action … The doctrine of qualified immunity generally protects government officials performing discretionary functions as long as their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable

Seminole Tribe of Florida v. McCor

903 So. 2d 353 · District Court of Appeal of Florida · Jun 15, 2005

Tribal *358 sovereign immunity, like the qualified immunity enjoyed in civil rights cases by public officials, "involves ` immunity from suit rather than a mere defense to liability,'" which is an "entitlement" that "`is … In failing to grant the Tribe's motion to dismiss, the trial court violated a clearly established principle of law, resulting in injury to the Tribe that cannot be remedied on appeal.

Malloy v. Coleman

961 F. Supp. 1568 · District Court, M.D. Florida · Apr 9, 1997

of qualified immunity. … Therefore, the usual rule is that qualified immunity applies to those actions, unless Plaintiff can establish that Defendant Coleman’s actions violated “clearly established” law. See Lassiter 28 F.3d at 1150 .

Greer v. Ivey

242 F. Supp. 3d 1284 · District Court, M.D. Florida · Mar 14, 2017

Clearly Established Law Even assuming a constitutional violation, Haman and Canela “are entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were ‘clearly established’ at the time of the … Under the second prong of the qualified immunity analysis, “[t]he relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable [police officer] that his

Niziol v. Pasco County Dist. School Bd.

240 F. Supp. 2d 1194 · District Court, M.D. Florida · Aug 9, 2002

Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions and have not violated a clearly established statutory or constitutional right of which a reasonable … Little and Principal O’Donnell constituted violations of clearly established law. For this reason also, Cpl. Little and Principal O’Donnell are entitled to qualified immunity from this suit as pled. IV.

Saunders v. Hunter

980 F. Supp. 1236 · District Court, M.D. Florida · Oct 2, 1997

Count IV; Qualified Immunity Defense Arguments The two (2) remaining defendants in Count IV are Hansen and Jones. The defendants assert protection from prosecution under the qualified immunity defense. … Count VI; Qualified Immunity Since the qualified immunity issue standard was discussed above, the question is whether Sheriff Hunter could have believed, as the supervisor, that doing nothing in response to the knowledge

Waldron v. Spicher

349 F. Supp. 3d 1202 · District Court, M.D. Florida · Oct 5, 2018

SUMMARY JUDGMENT Spicher seeks summary judgment in his favor, claiming he is entitled to qualified immunity because the undisputed material facts show that he did not violate a clearly established constitutional right. … Anthony's constitutional right was clearly established .

Bakri v. City of Daytona Beach

716 F. Supp. 2d 1165 · District Court, M.D. Florida · May 7, 2010

“Qualified immunity protects municipal officers from liability in § 1983 actions as long ‘as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The officers have not established entitlement to the defense of qualified immunity, and in fact the undisputed evidence establishes that in arresting Plaintiff they violated clearly established constitutional rights.

Hernandez v. Pasco County Sheriff's Department

District Court, M.D. Florida · Mar 6, 2023

Assuming probable cause and arguable probable cause were lacking, he claims that qualified immunity still applies because there was no violation of clearly established 4 The Complaint does not state whether these claims … Qualified immunity shields federal and state officials from money damages unless the plaintiff can establish that (1) the official violated a statutory or constitutional right, and (2) the right was clearly

Lloyd v. Leeper

District Court, M.D. Florida · Mar 31, 2020

Lloyd also asserts that Leeper violated clearly established policy and procedures when he kept Lloyd in jail despite the lack of probable cause. Id. … United States District Judge 1 In light of the Court’s ruling above, it is unnecessary to address Defendants’ remaining arguments that they are entitled to qualified immunity.

Ramos v. Sedgwick County Sheriff's Department

785 F. Supp. 1457 · District Court, S.D. Florida · Oct 29, 1991

Beyond that, we hold that the facts clearly warrant a finding of arguable probable cause, and therefore a finding of qualified immunity. … immunity is clearly a defense to the civil rights action; qualified immunity ... is not a defense to the state charges....

Albajon v. Gugliotta

72 F. Supp. 2d 1362 · District Court, S.D. Florida · Sep 7, 1999

Nonetheless, government officials performing discretionary functions generally are granted qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established … The government asserts that Agent Gugliotta is entitled to qualified immunity because she violated no clearly established statutory or constitutional right.

Dept. of Health & Rehab. Servs. v. Yamuni

529 So. 2d 258 · Supreme Court of Florida · Jun 2, 1988

The record clearly establishes that: (1) there was never a judicial determination of child abuse; (2) HRS was not awarded actual or constructive custody of the child; (3) there was no judicial determination that the child … If the Florida Legislature wants to establish a policy requiring the state to pay damages for injuries due to child abuse, it clearly has the authority to do so.

Bryant v. Mostert

636 F. Supp. 2d 1303 · District Court, M.D. Florida · Jul 7, 2009

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … City of Dade City, 327 F.3d 1186 , 1193-94 (11th Cir.2003) (“[qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate ‘clearly established statutory or

ALPHONSE v. WHITE

District Court, N.D. Florida · Jul 1, 2025

immunity argument as to those claims. … Pelzer, 536 U.S. 730, 736 (2002) (“The threshold inquiry a court must undertake in qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation.”).

Spence-Jones v. Rundle

991 F. Supp. 2d 1221 · District Court, S.D. Florida · Dec 20, 2013

was “clearly established” at the time of the challenged conduct. … second, that the unlawfulness of the Defendant’s actions was clearly established at the time of the incident.

Denmark v. Lee County

931 F. Supp. 831 · District Court, M.D. Florida · Jul 1, 1996

Defendant Schramm seeks summary judgment on Plaintiff’s claims pursuant to 42 U.S.C. § 1983 on the basis of qualified immunity. … This Circuit has adopted a two-pronged analysis for determining objective-reasonableness with regard to a qualified immunity defense. See Courson v.

Steffen v. United States

952 F. Supp. 779 · District Court, M.D. Florida · Jan 22, 1997

qualified immunity. 8. … Accordingly, the doctrine’s high “clearly established” standard is used to minimize social costs associated with litigation, i.e.

Brown v. City of Pompano Beach

969 F. Supp. 1317 · District Court, S.D. Florida · Jun 23, 1997

Defendant Tipton asserts that he is entitled to qualified immunity in the action against him in his capacity as an individual. … While it is true that qualified immunity is an affirmative defense available to a public official sued in an individual capacity, this immunity does not necessarily support a motion to dismiss in the instant action.