Case law

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

Brown v. Jenne

941 So. 2d 447 · District Court of Appeal of Florida · Oct 25, 2006

The appellees filed motions to dismiss the complaint alleging that they were entitled to absolute immunity, or in the alternative, qualified immunity. … However, the section 1983 liability of the police officers in that case was decided on qualified immunity, not sovereign immunity.

Avalon Carriage Service Inc. v. City of St. Augustine

417 F. Supp. 2d 1279 · District Court, M.D. Florida · Feb 23, 2006

As a result, Plaintiff argues Defendants Harass and Litzinger acted beyond the scope of their authority and have violated clearly established law and qualified immunity is not proper. ii. … The Court’s Analysis The defense of qualified immunity protects “government officials performing discretionary functions from suit in their individual capacities unless their conduct violates ‘clearly established statutory

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.

Andre v. Castor

963 F. Supp. 1169 · District Court, M.D. Florida · May 7, 1997

The challenged order (Docket No. 42) clearly and unambiguously stated that this Court was deferring a ruling on the issue of qualified immunity (p.15). … Even if the defendants were to convince the circuit court that this Court erred in its decision to defer ruling on whether the complaint alleges a violation of clearly established law, the appellate remedy would be a remand

Penthouse, Inc. v. Saba

399 So. 2d 456 · District Court of Appeal of Florida · Jun 3, 1981

(and all other county officials) would have had only qualified immunity for their acts in implementing and enforcing (executive power) such an ordinance. … The existence of qualified immunity is a question of fact and, when properly presented, cannot be resolved summarily. Sims v. Adams, 537 F.2d 829, 832 [6] (C.A. 5th 1976).

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.

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

Burks v. Beary

713 F. Supp. 2d 1350 · District Court, M.D. Florida · Apr 29, 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 … ‘clearly established’ at the time of the violation.”

Retail Credit Company v. Dade County, Florida

393 F. Supp. 577 · District Court, S.D. Florida · Apr 25, 1975

Qualified Immunity The FCRA § 1681h(e) gives a qualified immunity from suit in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information based on information disclosed pursuant … immunity to the extent mandated by the FCRA if disclosure is made pursuant to the ordinance. 13 This is not to say that there should be the qualified immunity provided under the FCRA when the consumer learns of information

University of Florida Board of Trustees v. Andrew

961 So. 2d 375 · District Court of Appeal of Florida · Jul 31, 2007

On appeal, Appellees established that the university’s presence in Columbia County meets the statutory requirements; therefore, venue is proper. We affirm. … The statute clearly provides that any “substantial” presence will qualify.

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

21 Fla. L. Weekly Supp. 91 · Supreme Court of Florida · Feb 29, 1996

immunity is an affirmative defense to a traditional tort action. … On the other hand, if the claimant does not qualify for NICA benefits, compensation continues to remain available through a medical malpractice action.

Gustafson's Dairy, Inc. v. Phiel

681 So. 2d 786 · District Court of Appeal of Florida · Sep 30, 1996

[S]uch orders may merely establish that the trial court currently views the issue of immunity to involve unresolved factual questions as well as legal questions.") … This would be similar to the approach taken by the Supreme Court of the United States in determining the appealability of denial of summary judgments based on qualified immunity. Johnson v.

Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. SERVICE, INC.

444 So. 2d 926 · Supreme Court of Florida · Nov 10, 1983

We believe contrarily that the words "located upon adjoining lands" and the words "established business of more than 5 years' standing" are intended to be read together and to qualify each other. … The allowance of business damages can also be compared to a waiver of sovereign immunity.

Columbia Hospital Corp. of South Broward v. Fain

16 So. 3d 236 · District Court of Appeal of Florida · Aug 19, 2009

A litigant in a medical malpractice case clearly qualifies as a “patient” under *241 the amendment and is entitled to discover the information. … No departure from the essential requirements of law is established.

Weston v. State

373 So. 2d 701 · District Court of Appeal of Florida · Jul 24, 1979

The state attorney's action in this case, as advisor to the grand jury, qualifies as a "certain `discretionary' governmental function" the performance of which is not affected by the statute waiving sovereign immunity. … , certain `discretionary' governmental functions remain immune from tort liability.

DeRosa v. Rambosk

732 F. Supp. 2d 1285 · District Court, M.D. Florida · Aug 11, 2010

“Qualified immunity offers complete protection for government officials sued in their individual capacities when acting within their discretionary authority if their conduct does not violate clearly established statutory … Kathleen has also satisfied the second step of the qualified immunity inquiry, since at the time of the arrest it was “clearly established that an arrest made without probable cause violates the Fourth Amendment.”

City of Miami v. Wardlow

403 So. 2d 414 · Supreme Court of Florida · Jul 30, 1981

Nevertheless, the court concluded that Murphy's duties were "not sufficiently exalted to warrant absolute immunity." Id. at 978 . … Clearly it was within the scope of his duties to respond to the inquiries. While the communication at issue here was privately made, as distinguished from the situation in Barr v.

Jeanty v. City of Miami

876 F. Supp. 2d 1334 · District Court, S.D. Florida · Jul 13, 2012

whether the right at issue was clearly established at the time of the defendant’s alleged misconduct. … Once the officer has made that showing, the burden then shifts to the plaintiff to establish that qualified immunity is not appropriate. Id.

Exchange Bank of Polk County v. Christian (In Re Christian)

8 B.R. 816 · United States Bankruptcy Court, M.D. Florida · Jan 20, 1981

extent and if he can qualify under several, he is protected by each to the ex *819 tent he can qualify under each. … Accordingly, this Sub-clause furnishes no solace to the Bank and the Bank’s lien is not immunized from the Trustee’s attack under § 547 as a preferential transfer.