Case law

Montanez v. Carvajal

224 F. Supp. 3d 1274 · District Court, M.D. Florida · Dec 19, 2016

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 person would have known … And because they assert qualified immunity, Defendants need only establish arguable reasonable suspicion to escape civil liability. See Jackson, 206 F.3d at 1165-66.

Ketan Kumar v. Nirav C. Patel

227 So. 3d 557 · Supreme Court of Florida · Sep 28, 2017

-5- procedurally—considering the well-established body of law detailing the responsibilities of law enforcement officers, prosecutors, and judges. … The Second District concluded that because the Stand Your Ground law clearly stated that it was granting immunity from being prosecuted or sued at all, the Legislature must have intended a procedure with one immunity determination

COURTNEY ENTERS. INC. v. Publix Super Markets, Inc.

788 So. 2d 1045 · District Court of Appeal of Florida · Apr 18, 2001

From 1978 until 1996 Publix leased space in the shopping center to Kissinger, who operated a dry-cleaning establishment next to Courtney's property. … program; and second, that it was also entitled to immunity under section 376.3078(11), Florida Statutes (Supp.1998), because it had conducted a voluntary clean-up before qualifying for the program.

Cancela v. Judd

District Court, M.D. Florida · Sep 12, 2024

Also, because at the very least the facts and circumstances in the arrest affidavit demonstrate arguable probable cause, Deputy Jones is entitled to qualified immunity. … If the arresting officer had arguable probable cause to arrest for any offense, qualified immunity will apply.”) (citations omitted).

Martin Electronics, Inc. v. Glombowski

705 So. 2d 26 · District Court of Appeal of Florida · Aug 26, 1997

Clearly, the orders on appeal in these cases do not contain the specific language which is required by Hastings II. … In dealing with the issue of orders denying summary judgments on the basis of qualified immunity in civil rights actions, the Supreme Court of the United States has recognized the importance of deciding issues of immunity

STATE, DEPT. OF HLT. & REHAB. SERV. v. Whaley

531 So. 2d 723 · District Court of Appeal of Florida · Jun 29, 1988

medical and psychiatric care for Whaley after the incident, since there was no evidence to establish that Whaley suffered any additional damages due to such failure. … On the above reasoning the supreme court answered the certified question with a qualified no, declining to recede from its *728 position in Commercial Carrier that the approach must be case by case.

Naturist Society, Inc. v. Fillyaw

858 F. Supp. 1559 · District Court, S.D. Florida · Jul 13, 1994

Qualified Immunity Finally, the Court must determine whether defendant Fillyaw is entitled to qualified immunity with respect to the claims against him in his individual capacity. … Public officials are immune in their individual capacities from suits for damages “insofar as their conduct does not violate clearly established *1571 statutory or constitutional rights of which a reasonable person should

Raulerson v. State of Florida

District Court of Appeal of Florida · Apr 30, 2025

On these facts, Raulerson has failed to show clearly and conclusively that he is immune from prosecution and that the trial court is acting beyond its jurisdiction. … Goodrich Co., 192 So. at 177. 6 The question for us is whether, when applying the law to those facts, the petitioner is clearly immune. Cf. Smith v.

Johnson v. Colgate

687 F. Supp. 573 · District Court, M.D. Florida · Jun 15, 1988

In the context of determining qualified immunity, the very act in question need not have been previously held unlawful. … The final issue is whether or not Deputy Colgate is entitled to qualified (“good faith”) immunity in this cause.

Faragher v. City of Boca Raton

864 F. Supp. 1552 · District Court, S.D. Florida · Jul 22, 1994

As a defense to Faragher’s § 1983 claim, Terry argues that .he is protected by qualified immunity because his conduct did not violate clearly established law. … “Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates ‘no clearly established statutory of constitutional rights of which a reasonable person would

BANK OF AMERICA, N.A. v. LISA S. DULBERG DE MORALES

District Court of Appeal of Florida · Dec 9, 2020

Resha, 648 So. 2d 1187, 1189 (Fla. 1994) (“[A]n order denying qualified immunity is ‘effectively unreviewable on appeal from a final judgment,’ as the public official cannot be ‘re-immunized’ if erroneously required to … Jeffrey, 178 So. 3d 460, 465 (Fla. 1st DCA 2015) (certiorari available against order denying officer’s assertion of qualified immunity but not against denial of state’s assertion of sovereign immunity, since potentially

DRJ Atlantic, LLC D/B/A Hyundai of Jacksonville v. Amir Babadi,Cheryl Yeschenko, State Farm Mutual Automobile Insurance Company and Progressive American Insurance Company

District Court of Appeal of Florida · Sep 5, 2024

Regarding claims of immunity, the rule permits interlocutory review of orders that deny claims of “(i) absolute or qualified immunity in a civil rights claim arising under federal law; . . . … As our supreme court explained in the context of qualified immunity—which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to

Horne v. SCHOOL BD. OF MIAMI-DADE COUNTY

901 So. 2d 238 · District Court of Appeal of Florida · Apr 18, 2005

The court determined that if the " Morgan immunity" is to have any meaning, the protection the immunity affords must continue when the official departs from public service. Id. … former officials to depositions without satisfying the necessary requirements be unduly burdensome for the officials, it could very well, as the court in Wal-Mart Stores, Inc. explained, serve as a significant deterrent to qualified

Graddy v. City of Tampa

996 F. Supp. 2d 1193 · District Court, M.D. Florida · Jan 23, 2014

As one court has explained: A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement … Accordingly, the Court concludes that the officers are entitled to qualified immunity with respect to Plaintiffs excessive force claim, because it was not clearly established on November 6, 2008 that the tasing that occurred

Ago

Florida Attorney General Reports · Dec 17, 2004

person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … manifested. 9 Your district office, established to assist you in carrying out your duties as a member of the state Legislature, would similarly appear to be immune from imposition of an occupational license tax or the requirement

Williams v. Miami-Dade County

859 F. Supp. 2d 1297 · District Court, S.D. Florida · Jan 9, 2012

so (2) whether such a right was clearly established. … For all the reasons discussed above, Officer de la Paz is entitled to qualified immunity and summary judgment as to Count II.

Eubanks v. Gerwens

771 F. Supp. 1216 · District Court, S.D. Florida · Sep 11, 1991

First, they argue they are entitled to qualified immunity. … Defendants have raised the issue of qualified immunity. Such immunity is usually available where the officials involved believed their actions to be lawful. See Clark v.

Bishop Associates Ltd. v. Belkin

521 So. 2d 158 · District Court of Appeal of Florida · Feb 4, 1988

Therefore, we disagree with appellants' assertion that the Division's interpretation treats those who qualify as developers differently, based on their residency. … appellants have not established that the Division's interpretation places a "heavy burden on an out-of-state resident's ownership of condominium property in Florida."

United States v. a Single Family Residence Located at 3181 S.W. 138th Place

778 F. Supp. 1570 · District Court, S.D. Florida · Nov 29, 1991

The plain language of the statute clearly does not exempt local governments from its broad sweep. … Immunity of the Federal Government from the Property Tax. The County’s final argument is that Plaintiff is not immune from the tax in question under the principle of inter-governmental immunity.

Walker v. McDonough

929 So. 2d 1127 · District Court of Appeal of Florida · May 24, 2006

The individual defendants filed a motion to dismiss for failure to state a cause of action, entitlement to qualified immunity, entitlement to sovereign immunity, and failure to comply with conditions precedent under section … In Wilson , our supreme court established a bright-line rule for motions to dismiss for failure to prosecute.