Case law

Villanueva v. City of Fort Pierce, Fla.

24 F. Supp. 2d 1364 · District Court, S.D. Florida · Oct 20, 1998

Municipal officials performing discretionary functions enjoy qualified immunity from civil liability if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … . *1373 The Court finds that Chief Mahar is insulated from Plaintiffs § 1981 and § 1983 claims by qualified immunity.

Johnson v. Sackett

793 So. 2d 20 · District Court of Appeal of Florida · Mar 28, 2001

qualified immunity for taking custody of child without prior hearing); Malachowski v. … Sackett with a grant of only qualified immunity for her actions. In fact, section 415.511 grants qualified immunity for "any act authorized or required by ss. 415.502-415.514."

Glynn v. City of Kissimmee

383 So. 2d 774 · District Court of Appeal of Florida · May 21, 1980

In this case the alleged statements were clearly defamatory in nature. Alexrod v. Califano, 357 So.2d 1048 (Fla. 1st DCA 1978). … Drennen rejected "absolute immunity" for communication between employees of the same employer and remanded the issue for trial. [2] McNayr v. Kelly, 184 So.2d 428 (Fla. 1966).

Sheedy v. Vista Properties, Inc.

410 So. 2d 561 · District Court of Appeal of Florida · Feb 10, 1982

Jones establishes that in order for there to be a subletting so as to create a contractor-subcontractor relationship the contractor must be obligated to construct the improvement under a contract with a third person. … Not being liable under the statute, Vista was not immune. As the court stated in Jones : It is the liability to secure compensation which gives the employer immunity from suit as a third party tort-feasor.

Seminole Tribe of Florida v. Schinneller

197 So. 3d 1216 · District Court of Appeal of Florida · Jul 27, 2016

Tribal sovereign immunity, like the qualified immunity enjoyed, in civil rights cases by public officials, “in-volves ‘inmmnity from suit rather than a mere defense to liability,’ ” which is an “entitlement” that “ -is effectively … Here, the tribe established that no resolution, ordinance or compact including a waiver of immunity was enforceable in 2009 when the plaintiffs claim arose. The resolution (No.

Mills v. Kinnan, Kinnan

District Court of Appeal of Florida · Apr 4, 2025

Several recorded opinions clearly establish that absolute immunity also protects a public official when a plaintiff "retool[s]" a defamation claim by recasting it as another cause of action. … But, the majority illustrates in section II that Florida law is already well settled on the mechanics and scope of such immunity. I therefore believe that the law is sufficiently clearly established in this regard. Cf.

Wilson Ciceron and Rosie Ciceron v. Sunbelt Rentals, Inc.

163 So. 3d 609 · District Court of Appeal of Florida · Apr 15, 2015

Thus, Ciceron maintains that Sunbelt failed to qualify as a subcontractor and therefore, was not entitled to horizontal immunity. … Sunbelt’s opposing argument is that the trial court correctly found that it qualified for worker’s compensation immunity as a subcontractor, asserting that in addition to providing the scissor lifts to Associated Industries

Drudge v. City of Kissimmee

581 F. Supp. 2d 1176 · District Court, M.D. Florida · Sep 25, 2008

“The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … Although Sergeant Lanphere argues in his summary judgment motion that the statutory interpretation issue pertains to the “clearly established” prong of the Saucier qualified immunity test (see Doc. 41 at 15), my conclusion

Clemons v. Hardee County School Board

848 F. Supp. 1535 · District Court, M.D. Florida · Apr 4, 1994

Good Faith Immunity Defendants Burns and Gibbs assert qualified immunity based on their good faith effort in performance of their official acts within the Hardee School Board. … Unless Defendants acted in good faith and followed established School Board policy, they do not qualify for immunity.

Hutchinson v. Miller

548 So. 2d 883 · District Court of Appeal of Florida · Sep 14, 1989

In the light of this holding, it is unnecessary to discuss the question of qualified immunity of the individual officers. … Instead, plaintiffs sue on allegations of negligence in performance of established duties, and for failure to follow the policies already established.

Florida Department of Health v. Joseph Redner, an individual

273 So. 3d 170 · District Court of Appeal of Florida · Apr 3, 2019

Redner) with immunity from criminal or civil liability under Florida law for the “medical use of marijuana” that is “in compliance” with the amendment (emphasis added). … Does not immunize violations of federal law or any non-medical use, possession or production of marijuana. Id. at 476.

Pumphrey v. Kinnan, Kinnan

District Court of Appeal of Florida · Apr 4, 2025

Several recorded opinions clearly establish that absolute immunity also protects a public official when a plaintiff "retool[s]" a defamation claim by recasting it as another cause of action. … But, the majority illustrates in section II that Florida law is already well settled on the mechanics and scope of such immunity. I therefore believe that the law is sufficiently clearly established in this regard. Cf.

Finkelstein v. State

157 So. 3d 1085 · District Court of Appeal of Florida · Feb 26, 2015

Section 776.032 provides that if a defendant establishes that the force used was justified under any of the applicable statutes, the defendant qualifies for immunity from prosecution. … At the conclusion of the hearing, the circuit court ruled that Petitioner failed to carry his burden to establish his entitlement to immunity from prosecution, based on the “credible substantial evidence” that Sergeant Johnson

Stephen Fischer v. Richard Debrincat and Jason Debrincat

169 So. 3d 1204 · District Court of Appeal of Florida · Jul 15, 2015

To prevail in a malicious prosecution action, a plaintiff must establish the following six elements: (1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued … They would enjoy at most a qualified privilege . . . .”).

May v. Palm Beach Chemical Company

77 So. 2d 468 · Supreme Court of Florida · Jan 21, 1955

Illegality established, liability ensues. … . * * * "We find no collision between the principle of liability established in this case and the principle of exemption established in actions against a husband.

Rivello v. Cooper City

322 So. 2d 602 · District Court of Appeal of Florida · Nov 21, 1975

The crucial point in this appeal involves the question of whether Judge Harrington is immune from suit under the long established doctrine of judicial immunity. … Further, without judicial immunity, there would certainly be a chilling effect upon the independent decision making role of the judiciary and upon the willingness of qualified individuals to serve in judicial positions.

Fla. Fern Growers Ass'n v. Concerned Citizens

616 So. 2d 562 · District Court of Appeal of Florida · Apr 2, 1993

While appellees criticize appellant for equating "the limited immunity from suit accorded under the First Amendment" with the qualified privilege of Florida's common law, the supreme court's recent opinion in Londono does … Appellant thus seems correct in asserting that even where a qualified privilege exists, i.e.

Cassanova Gabriel v. State of Florida

District Court of Appeal of Florida · Oct 16, 2024

Thus, the words, “immune from . . . civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened” clearly means that … In other words, “by the person, personal representative, or heirs” clearly and unambiguously apply to the status of a plaintiff in civil actions alone, thereby limiting immunity to the use of force against another person,

Turner v. FLORIDA STATE FAIR AUTHORITY

974 So. 2d 470 · District Court of Appeal of Florida · Jan 25, 2008

The Authority is organized and established under the provisions of sections 616.251 through 616.265, Florida Statutes (2003 & 2004). … In addition, section 616.260 suggests that lands leased by the Authority are exempt from ad valorem taxation only if the leased lands qualify for an exemption under section 196.199.

Singleton v. McDougall

932 F. Supp. 1386 · District Court, M.D. Florida · Jun 28, 1996

To dispense with the qualified immunity claim, Plaintiff bears the burden of showing that Defendant allegedly violated “clearly established statutory or constitutional rights of which a reasonable person would have known. … In the absence of a clearly established right, Defendant had no clear duty to act.