Case law

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.

Ago

Florida Attorney General Reports · Apr 21, 1987

See also, s. 768.28 (5), supra, establishing the monetary limitations of the state's waiver. … The Florosa Fire Control District, established by a special act of the State Legislature, would clearly fall within the definitional purview of s. 768.281(2), and therefore, the state's sovereign immunity and its limited

Tashara Love v. State of Florida

Supreme Court of Florida · Dec 19, 2019

nor the necessary elements of proof to establish a claim of immunity.” … The “substantive right to assert immunity” was established in 2005. Dennis, 51 So. 3d at 462. Section 776.032(4) merely altered “the method of conducting litigation involving” that right.

Trianon Park Condominium v. City of Hialeah

10 Fla. L. Weekly 210 · Supreme Court of Florida · Apr 4, 1985

The city argues that the waiver of sovereign immunity did not create any duty and that no such duty was created by either the statute establishing the building code or the common law. … Second, it is important to recognize that the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities.

Cason Enterprises, Inc. v. Metropolitan Dade County

20 F. Supp. 2d 1331 · District Court, S.D. Florida · Aug 11, 1998

Qualified Immunity As a further basis for granting summary judgment in their favor, the undersigned finds that the individual defendants are entitled to qualified immunity from this lawsuit. … Holston, 94 F.3d 1528, 1532 (11th Cir.1996) stated: Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal rights allegedly violated were clearly established ....

Wardlow v. City of Miami

372 So. 2d 976 · District Court of Appeal of Florida · Jun 26, 1979

Generally, the rule of privilege has been recognized in favor of public officers, whether such privilege is absolute or qualified, as immunizing them from suit for libel or slander for statements made in connection with the … Initially, it is understood that each case must be judged on an individual basis, but it is imperative that certain guidelines be further established for the sake of a common sense analysis to be incorporated into the interpretation

Tucker v. Resha

634 So. 2d 756 · District Court of Appeal of Florida · Mar 30, 1994

The award of money damages against Tucker naturally implicates the doctrine of sovereign immunity. … That case, however, held only that the provision is "clearly implicated" in a woman's decision not to continue her pregnancy. Id. at 1192 .

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.

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.

Wausau Ins. Co. v. Haynes

683 So. 2d 1123 · District Court of Appeal of Florida · Dec 11, 1996

We cannot agree that Sullivan conclusively establishes workers compensation immunity under what we understand at this point to be the facts and attempted claim for relief. … "An adverb, an adverbial phrase, or an adverbial clause may qualify several parts of speech, but a noun is not one of them." Theodore M.

Wald v. City of Margate

756 So. 2d 168 · District Court of Appeal of Florida · Mar 29, 2000

Once the facts are established, the test applied by the court to those facts is the “ ‘objective legal reasonableness’ of the action ... in light of the legal rules that were ‘clearly established’ at the time it was taken … Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v.

Hogan v. Deerfield 21 Corp.

605 So. 2d 979 · District Court of Appeal of Florida · Oct 7, 1992

However, this statutory defense of exclusiveness of remedy is only available to those who qualify as either an "employer" or a "contractor" within the meaning of the workers' compensation law. … Cohen, 287 So.2d 56 (Fla. 1973), the court reaffirmed the Jones holding that an owner who had no liability under the law to secure compensation for a contractor's employee did not qualify as a "contractor" or "statutory employer

MS Ex Rel. Soltys v. SEMINOLE COUNTY SCHOOL BD.

636 F. Supp. 2d 1317 · District Court, M.D. Florida · Jul 10, 2009

duties have the benefit of qualified immunity when sued in their individual capacities so long as their conduct does not violate any clearly established statutory or constitutional rights known to a reasonable person. … Whether the Law Was Clearly Established The right to be free from excessive and arbitrary corporal punishment in a school context is clearly established under the precedent of the U.S.

MANATEE CTY. v. Town of Longboat Key

365 So. 2d 143 · Supreme Court of Florida · Oct 26, 1978

II It is Manatee County's position that this lawsuit is prohibited by the doctrine of sovereign immunity. … In this state of affairs, the remedy so clearly set forth by the Legislature was frustrated. The evil addressed by the people in their constitution continued.

Apthorp v. Detzner

162 So. 3d 236 · District Court of Appeal of Florida · Feb 23, 2015

Apthorp’s case arises under Chapter 86, the Declaratory Judgment Act, which authorizes trial courts to render declaratory judgments on the existence, or non-existence, of any immunity, power, privilege, or right. § 86.011 … within a qualified blind trust.

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852 · District Court of Appeal of Florida · Mar 3, 1995

The gravamen of their supplementary petition was that the injury to their son did not qualify as a birth-related neurological injury as defined in the Plan. … immunity is an affirmative defense to a traditional tort action.

Stancel v. Schultz

226 So. 2d 456 · District Court of Appeal of Florida · Sep 19, 1969

V, § 6(6) of the Constitution, F.S.A., rather clearly limit his duties and authority to the judicial circuit wherein he has been duly elected and qualified. F.S. § 27.01 et seq., F.S.A. … Clearly, the relator does not have statutory immunity [1] which would bar prosecution. [2] Our immunity statute, supra, deals only with investigations or proceedings in the courts and does not include investigations or hearings

Driesse v. Florida Board of Regents

26 F. Supp. 2d 1328 · District Court, M.D. Florida · Oct 7, 1998

Therefore, Congress did not clearly express an intention to abrogate immunity in the FMLA and plaintiffs claim against the defendant is barred by the Eleventh Amendment. … order to qualify for relief under the ADA, the plaintiff must establish a prima facie case of discrimination by demonstrating that “(1) he has a disability; (2) he is a qualified individual; and (3) he was subjected to unlawful

Fessenden v. State

52 So. 3d 1 · District Court of Appeal of Florida · Oct 29, 2010

Fessenden clearly has had his conviction and sentence vacated by a court of competent jurisdiction. … Although not a complete waiver of sovereign immunity, the Victims of Wrongful Incarceration Compensation Act is in the nature of a statute waiving sovereign immunity.

Shedrick v. District Board of Trustees of Miami-Dade College

941 F. Supp. 2d 1348 · District Court, S.D. Florida · Apr 23, 2013

The Tenth Circuit further stated, “Moreover, this Court has long held that both qualified and absolute immunity are affirmative defenses that must be pleaded.” Id. … the proceedings, to mean that statutory limits on liability are more akin to defenses of absolute or qualified immunity that must be raised in the pleadings than to the defense of Eleventh Amendment immunity.