Case law

Mitchell v. Lealman Volunteer Fire Co.

985 F. Supp. 1436 · District Court, M.D. Florida · Sep 30, 1996

However, a terminable-at-will employment relationship fails to constitute a clearly established property interest. 7 Ac *1440 cordingly, Lealman is qualifiedly immune from any claims associated with its decisions to either … The parties agree that qualified immunity precludes the plaintiffs’ claims against these defendants.

Heflin v. Miami-Dade County

823 F. Supp. 2d 1298 · District Court, S.D. Florida · Nov 1, 2011

Thus, the Officers are entitled to qualified immunity. … As no constitutional violation occurred, the Officers are entitled to qualified immunity.

Wolfe v. Foreman

128 So. 3d 67 · District Court of Appeal of Florida · Jul 17, 2013

Because the Florida Supreme Court has clearly and unambiguously stated, not once, but twice, that the litigation privilege applies to all causes of actions, and specifically articulated that its rationale for applying the … At trial, Olson presented physical evidence that established that he was six miles away purchasing items at a department store during the time the three women claimed he was stalking Johnson.

Van Ness v. Independent Const. Co.

392 So. 2d 1017 · District Court of Appeal of Florida · Jan 28, 1981

On the contrary, the general conditions clearly recite that the contractor "shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work … qualify as a "contractor" or "statutory employer".

Gonzalez v. J.W. Cheatham LLC

125 So. 3d 942 · District Court of Appeal of Florida · May 29, 2013

Cheatham moved for summary judgment, asserting that the suit was barred by workers’ compensation immunity. … Although Austin Tupler contracted with independent owner-operators, such as the plaintiff, to truck the materials, Austin Tupler’s contract with Cheatham clearly contemplated that Austin Tupler would be supervising the job

Weiss v. Pratt

53 So. 3d 395 · District Court of Appeal of Florida · Feb 16, 2011

The trial court found the pulmonologist qualified as a similar health care pro *400 vider. Id. … [then] emergency medicine physicians will be qualified to testify as to virtually every specialty.” Id. at 150 .

Wolk v. Seminole County, Fla.

510 F. Supp. 2d 786 · District Court, M.D. Florida · Feb 16, 2007

Defendants assert the defense of qualified immunity. 2 The purpose of qualified immunity is to “allow government officials to carry out their discretionary duties without the fear of personal liability or harassing litigation … Thus, ... material issues of disputed fact are not a factor in the court's analysis of qualified immunity and cannot foreclose the grant or denial of summary judgment based on qualified immunity. ... Robinson v.

SARASOTA COUNTY v. VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER AND SARASOTA DOCTORS HOSPITAL, INC.

District Court of Appeal of Florida · Sep 29, 2021

Ariz, 67 So. 3d 229, 232 (Fla. 2d DCA 2010) (granting a petition for writ of prohibition because the petitioner established it was entitled to tribal sovereign immunity); Seminole Tribe of Fla. v. … McCor also likened tribal sovereign immunity to qualified immunity in civil rights cases, 19 available to review the trial court's order because the inappropriate exercise of jurisdiction

Berry v. State

400 So. 2d 80 · District Court of Appeal of Florida · Jun 3, 1981

branch, and the independent establishments of the state... ." [1] (Emphasis supplied.) … Accordingly, we join with the First District and hold that the conduct of a state attorney in the exercise of his prosecutorial duties qualifies as a discretionary governmental function the performance of which is not affected

Moradiellos v. Gerelco Traffic Controls, Inc.

176 So. 3d 329 · District Court of Appeal of Florida · Sep 2, 2015

The governing statute’s language clearly limits the unrelated works exception to employees. … Bd. of Brevard Cnty., 888 So. 2d 1, 7 (Fla. 2004) (Lewis, J., concurring) (“Clearly, this unrelated works exception to the rule of general immunity applies only in the co-employees context.”).

Sisk v. General Builders Corp. of Fort Lauderdale

438 So. 2d 65 · District Court of Appeal of Florida · Aug 31, 1983

If adequately established, this would cause General Builders to be classified as an “owner-builder” rather than a general contractor and, thus, it would be unable to qualify for tort immunity under the statutes in question … He claimed that if this were established at trial, General Builders would not be entitled to the tort immunity conferred on contractors by sections 440.10 and 440.11, Florida Statutes (1981).

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857 · District Court of Appeal of Florida · Dec 27, 2002

This immunity is somewhat different from the affirmative defense of qualified immunity in a civil rights case, which is given comparable nonfinal appeal status. See Fla. R.App. P. 9.130(3)(c)(vii); Montague v. … In a civil rights case, qualified immunity is a separate and distinct question from the plaintiff's theory of liability. See, e.g., Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

Bean v. University of Miami

252 So. 3d 810 · District Court of Appeal of Florida · Aug 1, 2018

The trial court granted the defendants’ motion to dismiss, concluding that Bean’s complaint “establish[ed] that the moving Defendants are entities and/or individuals entitled to immunity from suit under Fla. Stat. … To qualify as an “agent of the teaching hospital,” section 768.28(10)(f) requires that the university enter into “an affiliation agreement or other contract” to provide patient services to the teaching hospital.

Chingarev v. Rambosk

District Court, M.D. Florida · Sep 20, 2023

“That means that if a defendant raises the affirmative defense of qualified immunity, the district court must dismiss any claims that do not allege a violation of clearly established law.” Id. … “Qualified immunity ‘shields a government official from liability unless he violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”’” Id. (quoting Piazza v.

STATE OF FLORIDA v. PETER PERAZA

226 So. 3d 937 · District Court of Appeal of Florida · Aug 30, 2017

Additionally, because the question of whether qualified immunity pursuant to [section] 776.05[(1)] applies[] is for the jury not the judge, the order granting immunity must be reversed and this case remanded … Caamano moved to dismiss the charge, initially alleging immunity pursuant to section 776.05(1), Florida Statutes (2010), which the Second District stated “provides qualified immunity for a law enforcement officer’s use of

Christie ex rel. Estate of Christie v. Scott

923 F. Supp. 2d 1308 · District Court, M.D. Florida · Jan 9, 2013

Qualified Immunity ■ [30] The remaining Corrections Defendants can avoid liability for the deliberate indifference claim if they can establish that they are entitled to qualified immunity. … The Corrections Defendants are not entitled to qualified immunity on the record before the Court. 2.

UNIV. OF FLA. BD. OF TRUSTEES v. Morris

975 So. 2d 493 · District Court of Appeal of Florida · Jul 27, 2007

The statute clearly provides that any `substantial' presence will qualify."). … The fact that the statute includes the exception at issue here establishes that other counties may be an appropriate venue, depending on the circumstances.

Crenshaw v. Lister

566 F. Supp. 2d 1334 · District Court, M.D. Florida · Jul 15, 2008

Qualified immunity offers complete protection for government officials sued in their individual capacities “as long as their conduct does not violate clearly established ... constitutional rights of which a reasonable person … To defeat defendants’ claim of qualified immunity, plaintiff must establish two elements.

Stanley v. United States

574 F. Supp. 474 · District Court, S.D. Florida · Oct 28, 1983

While sovereign immunity has constitutional underpinnings and is as absolute as Congress may intend, official immunity is judge-made and generally is qualified. 26 *485 In order to avoid obscuring the concepts of sovereign … The Court reasons that if the Feres doctrine applies, then military officers may be subject to qualified immunity from suit.

Adams v. Wainwright

512 F. Supp. 948 · District Court, N.D. Florida · Apr 15, 1981

In addition, at the time of these officials’ actions, there were no “clearly established judicial decisions” making their actions unconstitutional. Dilmore v. Stubbs, supra at 969, citing Bogard v. … These officials did not act with such disregard of the plaintiff’s clearly *955 established constitutional rights that their actions cannot reasonably be characterized as being in good faith. Procunier v.