Case law

McNayr v. Kelly

184 So. 2d 428 · Supreme Court of Florida · Mar 23, 1966

If areas of absolute immunity and qualified immunity are to be carved out of the executive branches of government, it should more appropriately — and historically more properly — be done by the legislative branch. [6] Another … with the immunity altogether.

Brown v. State

135 So. 3d 1160 · District Court of Appeal of Florida · Apr 22, 2014

As the first line of the statute clearly sets out, there are three avenues by which a defendant’s use of force may qualify for the statutory immunity from prosecution: that his or her use of force was permitted by section … to allow the court to determine whether section 776.032(1) immunity attaches.

Florida v. United States

133 F. Supp. 2d 1280 · District Court, N.D. Florida · Mar 2, 2001

(but would be subject to the possible defense of qualified immunity). [12] B. … Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995) (holding that where qualified immunity depends on disputed facts, an order denying summary judgment based on qualified immunity is not immediately appealable).

DANIEL DRISCOLL v. ERIC KNELLINGER AND US FEDERAL CONTRACTOR REGISTRATION, INC.

District Court of Appeal of Florida · Jan 26, 2024

Judgment on the pleadings is appropriate "only if the moving party is clearly entitled to judgment as a matter of law." Id. … Although qualifying conduct generally involves that taken "while litigation is ongoing," certain prelitigation conduct can qualify as well, so long as it is " 'necessarily preliminary' to judicial proceedings." Id.

Cox v. McCraley

993 F. Supp. 1452 · District Court, M.D. Florida · Feb 10, 1998

Clearly, government officials performing discretionary functions are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Further, because qualified immunity is “an immunity from suit rather than a mere defense to liability,” Mitchell v.

Gilliam v. Fort Myers Police Department (Chief of Police)

District Court, M.D. Florida · Mar 17, 2025

“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 … At the motion-to- dismiss stage, this means the Court must find entitlement to qualified immunity and dismiss “if the complaint fails to allege the violation of a clearly established right.” Id.

Spadaro v. City of Miramar

855 F. Supp. 2d 1317 · District Court, S.D. Florida · Feb 29, 2012

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 … A motion to dismiss will be granted on qualified immunity grounds if “the complaint fails to allege the violation of a clearly established constitutional right.” Id. (internal citations and quotations omitted).

Hershell Gill Consulting Engineers, Inc. v. Miami-Dade County

333 F. Supp. 2d 1305 · District Court, S.D. Florida · Aug 24, 2004

Qualified immunity applies, they also argue, because at the time they engaged in the unlawful conduct, the rights asserted by the plaintiffs were not “clearly established.” … Thus we believe that the individual defendants have not established their entitlement to qualified immunity because case law (about which a reasonable official would have known) had clearly established by 1993 and 1994 that

Ray Ex Rel. R.M. v. Foltz

354 F. Supp. 2d 1309 · District Court, M.D. Florida · Jan 21, 2005

Additionally, qualified immunity is inapplicable given the aforementioned and because the constitutional right was clearly established. Therefore, Defendant’s Motion to Dismiss^ (Doc. No. 80) is DENIED. Defendánt E.J. … Additionally, qualified immunity is inapplicable given the aforementioned and because the constitutional right was clearly established. Therefore, Defendant’s Motion to Dismiss (Doc. No. 87) is DENIED.

Medberry v. McCallister

937 So. 2d 808 · District Court of Appeal of Florida · Sep 18, 2006

First, Appellees argued that the Leon County Circuit Court lacks subject matter jurisdiction over them based on the doctrines of sovereign immunity, qualified immunity, and/or the Eleventh Amendment. … In Paragraph 23, Medberry asserted that Appellees cannot claim qualified immunity because the pertinent state and constitutional law relating to Medberry's rights was clearly established at the time of the physical assault

Harvey M. Hill v. State

143 So. 3d 981 · District Court of Appeal of Florida · Jul 16, 2014

State, concluding that the plain language of 776.032 can be understood as granting immunity to a person who qualifies under either 776.012(1) or 776.013(3) and that the “unlawful activity” exception does not exist under section … It is a well-established presumption that the legislature intends to change the law when it amends a statute. See Mikos v. Ringling Bros.

Moulton v. DeSue

966 F. Supp. 2d 1298 · District Court, M.D. Florida · Oct 16, 2012

Lastly, Plaintiff contends that the constitutional violation as alleged has been clearly established at the time of the incident in question; therefore, Defendants are not entitled to qualified immunity. 1. … Because the law clearly established that conduct as alleged violated a pre-trial detainee’s Fourteenth Amendment right to medical care, Hendrix, DeSue, Mixon, and Holl *1311 ingsworth are not entitled to qualified immunity

CHARLES WILLIAMS v. GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida · May 5, 2021

Having determined that there was potential tort liability, we turn to whether sovereign immunity bars this action. … Thus, Appellant’s allegations appear to be regarding Sheriff’s “negligence in performance of established duties, and for failure to follow the policies already established.

Kevin Vericker v. Norman Christopher Powell

Supreme Court of Florida · Mar 27, 2025

The record, Vericker claimed, established that Powell could not meet that standard. … Stat. (2024) (money services business immunity); § 631.918, Fla. Stat. (2024) (worker’s compensation immunity); § 684.0045, Fla. Stat. (2024) (arbitrator immunity); § 765.109(1), Fla.

Christina Daly, in her official capacity as Secretary of the Florida Department of Juvenile Justice v. Polk County, Florida, and Seminole County, Florida, political subdivisions of the State of Florida

265 So. 3d 644 · District Court of Appeal of Florida · Nov 27, 2018

Rendon, 957 So. 2d 647, 652 (Fla. 3d DCA 2007) (affirming a grant of refund under section 215.26, but remanding to determine which taxpayers qualify for the remedy). … Accordingly, sovereign immunity does not bar relief.

School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mutual Automobile Insurance Company

District Court of Appeal of Florida · Nov 21, 2024

It asserted that, as a governmental agency, it had immunity from the suit because sovereign immunity had not been clearly and unequivocally waived by the Florida Legislature for the PIP reimbursement claim. … The Legislature has shown itself well qualified to write such a statute waiving sovereign immunity; and it is prudent for this Court to refrain from finding such a waiver, absent clear directive from the Legislature.

Canon v. Clark

883 F. Supp. 718 · District Court, S.D. Florida · Apr 25, 1995

Qualified immunity shields a government official from having to stand trial or *723 face other burdens of litigation. 4 The entitlement “is an immunity from suit rather than a mere defense to liability.” Mitchell v. … Clark violated Plaintiffs clearly established constitutional rights of which a reasonable person would have known.

Soto v. City of Miami Beach

26 F. Supp. 3d 1304 · District Court, S.D. Florida · Jun 13, 2014

entitled to qualified immunity from civil liability in their individual capacities when performing discretionary functions of their office “insofar as their conduct does not violate clearly established statutory or constitutional … , this does not inevitably remove the shield of qualified immunity.

Miami-Dade County v. Pozos

242 So. 3d 540 · District Court of Appeal of Florida · Jun 6, 2018

establishes that sovereign immunity bars this action as a matter of law. … The Florida Supreme Court went on to say that, in Tucker, [w]e stressed that if orders denying summary judgment based upon claims of qualified immunity are not subject to interlocutory review, the qualified

Johnson v. Ft. Pierce Police Department

849 F. Supp. 1543 · District Court, S.D. Florida · Feb 25, 1994

However, factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the alleged actions. … Smith, Aikens and Kirk are entitled to summary judgment on the issue of qualified immunity, unless Johnson can show that those officers violated clearly established law when they pushed him to the ground and handcuffed him