Case law

Cauley v. City of Jacksonville

403 So. 2d 379 · Supreme Court of Florida · Jul 16, 1981

Unlike the state and county governments, however, the case law establishing and construing municipal sovereign immunity has been confusing as a result of inconsistent application. … Clearly, the even-handed application of immunity under section 768.28 furthers equal protection of the law under our constitutions rather than denies it.

Shepard v. State

65 So. 3d 1085 · District Court of Appeal of Florida · Jun 8, 2011

This decision does not establish that the arrest was unlawful. … It established merely that the officers were not entitled to qualified immunity and that Shepard had stated a claim sufficient to survive a pretrial motion to dismiss. 1 *1087 Appellant is cautioned that the filing of frivolous

Spradley v. Martin

897 F. Supp. 560 · District Court, M.D. Florida · Aug 21, 1995

Qualifíed Immunity Further, even if the application of the established state procedure did result in a constitutional violation, Defendants Glover and Roberts are entitled to qualified immunity. … Whether an official is entitled to qualified immunity depends upon whether, in taking the challenged action, they violate clearly established rights of which a reasonable person would have known. Anderson v.

DaimlerChrysler Corp. v. Hurst

949 So. 2d 279 · District Court of Appeal of Florida · Feb 7, 2007

However, "[a] district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice." … DCC contends that the trial court violated clearly established law by finding that the retroactive application of the Act is violative of the plaintiff's due process rights. We agree.

In Re Polygraphex Systems, Inc.

275 B.R. 408 · United States Bankruptcy Court, M.D. Florida · Mar 25, 2002

Olson, 84 F.3d 1402 (11th Cir.1996) (tax collector has qualified immunity); Parrish v. Nikolits, 86 F.3d 1088 (11th Cir.1996) (property appraiser has qualified immunity). … to either the defense of qualified immunity or sovereign immunity since it cannot be sued in the individual capacity and it is not a state.

Pate v. Peel

256 F. Supp. 2d 1326 · District Court, N.D. Florida · Mar 31, 2003

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Rowe v. Board of Trustees for the Florida School for the Deaf & Blind

70 F. Supp. 2d 1283 · District Court, M.D. Florida · Dec 15, 1998

Plaintiffs ADA claim must thus fail. 5 Plaintiffs Equal Protection Claim Against Dawson Cannot Overcome his Qualified Immunity Defendant Dawson relies primarily on the defense of qualified immunity to Plaintiffs claims that … immunity, as noted above regarding Defendant Dawson, Plaintiff has the burden of showing that the defendant violated clearly established constitutional rights.

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).

LEE MEMORIAL HEALTH SYSTEM v. CHASE HILDERBRAND

District Court of Appeal of Florida · Sep 25, 2020

Dep't of Corr., 471 So. 2d 4, 5 (Fla. 1984) (holding that the legislature clearly intended to waive sovereign immunity in legislation authorizing the sovereign to enter into written contracts because contracts must have … Bill Stroop sued on behalf of contractors who were charged this fee, seeking a declaration that the fee violated 2There is no dispute that Lee Health qualifies for sovereign immunity

Bank of America Corp. v. Valladares

141 So. 3d 714 · District Court of Appeal of Florida · Jul 2, 2014

These judicial decisions dovetail with many statutes that balance the competing interests by affording individuals qualified immunity for good faith 6 mistakes when reporting … The Legislature has enacted a similar qualified immunity for mistaken reports to numerous enforcement agencies.2 We found only one authority that cuts against the trend of recognizing a qualified privilege for reporting

Citizens Property Ins. Corp. v. Calonge

246 So. 3d 447 · District Court of Appeal of Florida · Apr 18, 2018

The Court specifically noted: Because qualified immunity of public officials involves immunity from suit rather than a mere defense to liability, we reasoned that immunity from suit is effectively lost … qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted.

L.S. v. Peterson

District Court, S.D. Florida · Oct 25, 2019

qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … “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 of principle

Ashley v. State

772 So. 2d 42 · District Court of Appeal of Florida · Sep 28, 2000

At the first sentencing hearing, the State proved and both Appellant and the trial court accepted that Appellant qualified as an HVFO. … However, "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." United States v.

BROWARD COUNTY v. JOSE P. FONT

District Court of Appeal of Florida · Jan 22, 2020

It did not qualify as a residence under the terms of the ILA. … The zoning map may have set out the area over which the ILA applied, but it did not establish the basis for reimbursement.

Capshaw v. Thomas

District Court, M.D. Florida · Jul 1, 2024

immunity. … [defendant] was entitled to qualified immunity as to the claims against him in his individual capacity.”).

Mid-Continent Cas. Co. v. Northstar Homebuilders, Inc.

297 F. Supp. 3d 1329 · District Court, S.D. Florida · Feb 26, 2018

As a result neither Defendant ... may assert workers compensation immunity as a defense." (State Am. Compl. ¶ 11 (alterations added) ). … Given Florida's strong interest in this case and its marginal significance elsewhere, a resolution by a state trial court with review by a state appellate court is clearly preferable.

Milinazzo v. State Farm Insurance

247 F.R.D. 691 · District Court, S.D. Florida · Dec 11, 2007

Work Product Immunity Claims of work product “immunity” are governed by the principles set forth in Federal Rule of Civil Procedure 26(b)(3) which reads in pertinent part: [A] party may obtain discovery of documents and tangible … qualified for coverage under the terms and conditions of the policy.

Kennedy v. City of Daytona Beach

132 Fla. 675 · Supreme Court of Florida · Jun 8, 1938

within the scope of his employment as Chief of Police of the City of Daytona-Beach, Volusia County, Florida, were done and performed for and in behalf of the said City of Daytona Beach, Florida, and as the recognized duly qualified … The plaintiff in error’s theory appeals somewhat to our sense of justice, but we must follow the law as it is established.

Phillips v. Town of Altamonte Springs

92 Fla. 862 · Supreme Court of Florida · Nov 9, 1926

"Any town (or City) having less than that number of qualified electors, would be subject to the procedure therein provided." … If a city or town though incorporated by special act may enjoy the privileges and benefits of the general laws relating to municipal governments, why should the mere fact of special act of incorporation give immunity from

Overman v. State Board of Control

62 So. 2d 696 · Supreme Court of Florida · Dec 2, 1952

Is the right, immunity, status or authority of the Governor and the Comptroller placed in doubt by Chapter 26763? The act makes an appropriation of $225,000 to effectuate its purpose. … "(A) Shall be primarily operated and established to offer, afford and render a medical education to residents of the State of Florida qualifying for admission to said institution: "(B) Shall at no time have more than ten