Case law
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70 F. Supp. 2d 1290 · District Court, S.D. Florida · Apr 6, 1998
Soto’s circumstances do not provide a basis for waiver of sovereign immunity under the FTCA, and, therefore, no basis for liability against the United States. … The FTCA, as a waiver of sovereign immunity, is strictly construed, and all ambiguities are resolved in favor of the sovereign. See United States v.
Cited 4 timesPublishedDistrict Court of Appeal of Florida · Jul 23, 2025
And the Range fails to point to anything that would qualify as such. … In upholding the statute, the Florida Supreme Court concluded that the courts must heed the Legislature’s public policy declarations unless they are “clearly shown to have been promulgated without power to do so.”
Cited 0 timesPublished390 F. Supp. 2d 1084 · District Court, M.D. Florida · Mar 31, 2005
“Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … is entitled to qualified immunity. 39 .
Cited 6 timesPublishedWard v. Nationwide Mut. Fire Ins. Co.
364 So. 2d 73 · District Court of Appeal of Florida · Nov 8, 1978
As always in determining questions involving the interpretation of insurance contract, it is helpful to repeat those well established rules which we are required to apply in reaching our conclusions. … But the legislature has clearly spelled out the consequences of that dereliction of duty. Personal liability is imposed by Section 627.733 as well as the loss of no fault tort immunity.
Cited 18 timesPublishedCharlie Wyne v. State of Florida
189 So. 3d 840 · District Court of Appeal of Florida · Jul 29, 2015
The participants discussed a proffer letter which would provide him immunity from non-violent crimes, but the Assistant U.S. Attorney told appellant directly that he would not obtain immunity for any crimes of violence. … Under a totality of the circumstances test, the trial court clearly did not err in denying the motion to suppress the confession as involuntary. Traylor v.
Cited 1 timesPublishedShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees
District Court of Appeal of Florida · Aug 7, 2025
Because the government is immune to suit, it “cannot be sued, except with its own consent. … power that, as already explained, the ALJ clearly cannot possess.
Cited 0 timesPublished722 So. 2d 874 · District Court of Appeal of Florida · Nov 20, 1998
The Department ... shall supervise and secure the enforcement of the required immunization.... .... (3) The school board of each district and the governing authority of each nonpublic school shall establish and enforce as … Curry, on the other hand, argues that section 232.032(4)(a) clearly and unambiguously provides that a parent or guardian is entitled to have his or her child exempted from the required immunizations if he or she "objects
Cited 8 timesPublishedDistrict Court of Appeal of Florida · Dec 29, 2023
Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.
Cited 0 timesPublished832 So. 2d 141 · District Court of Appeal of Florida · Oct 30, 2002
Following Garrett , various courts of appeal have held that sovereign immunity also bars actions against states under Title II, which provides that "no qualified individual with a disability shall, by reason of such disability … That predicate ... has not been established." Id. at 376 , 121 S.Ct. 955 .
Cited 3 timesPublished254 So. 2d 223 · District Court of Appeal of Florida · Nov 11, 1971
Notwithstanding the establishment of his residency in Georgia, petitioner contends that he has established what he terms to be a secondary residence in Florida due to his many and close contacts with the State. … This point is clearly made in footnote 21 of the decision found at 394 U.S. 638 , 89 S.Ct. at 1333 as follows: “21.
Cited 1 timesPublished141 So. 3d 1211 · District Court of Appeal of Florida · May 21, 2014
“While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved for those situations where ‘there has been a violation of a clearly established principle … However, the defendants charged in the related cases still qualify as witnesses.
Cited 1 timesPublished50 So. 3d 4 · District Court of Appeal of Florida · Jun 16, 2010
Clearly, speaking to potential witnesses during the pendency of litigation is of "some relation to the proceeding." … The court determined that attorneys performing extra-judicial investigations would be protected by qualified immunity.
Cited 8 timesPublished158 B.R. 859 · United States Bankruptcy Court, M.D. Florida · Aug 31, 1993
was not clearly foreshadowed. … Thus Patterson clearly did not overrule clear precedent but merely resolved a conflict between the Circuits. Neither did it decide a matter of first impression whose resolution was clearly foreshadowed.
Cited 4 timesPublished417 So. 2d 658 · Supreme Court of Florida · Jul 15, 1982
Although federal courts have generally afforded broad immunity to officials and employees in the past, there is some tendency to qualify this official immunity and limit it to discretionary functions. Compare Barr v. … Kelly, 557 F.2d 735 (10th Cir.1977) (immunity of officials qualified and applies only to discretionary acts) and Kelley v. Dunne, 344 F.2d 129 (1st Cir.1965) (officials not immune for unauthorized, malicious acts).
Superseded by statute, as recognized in Rice v. LeeCited 123 timesPublishedCity of Freeport v. Beach Community Bank
108 So. 3d 684 · District Court of Appeal of Florida · Feb 18, 2013
Because the City claims immunity from suit, and the effect of the challenged order requires the City to submit to litigation beyond such time as its immunity can be properly determined, we conclude that the City has established … Immunity from suit, inherent in sovereign immunity, is a distinct concept from a lack of liability under established tort law.
Cited 11 timesPublishedDistrict Court, M.D. Florida · Sep 4, 2020
To overcome a qualified immunity defense, a plaintiff must establish (1) the allegations make out a violation of a constitutional right; and (2) if so, the constitutional right was clearly established at the time of the … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.
Cited 0 timesUnknown19 So. 3d 1065 · District Court of Appeal of Florida · Oct 2, 2009
Consequently, the trial court’s order violates clearly established legal principles that would cause substantial prejudice to the State. … Entitlement to the issuance of a writ depends on the State demonstrating (1) that the trial court's ruling violated a clearly established legal principle and (2) that the ruling results in material injustice. State v.
Cited 4 timesPublishedR.L. Haines Construction, LLC v. Santamaria
161 So. 3d 528 · District Court of Appeal of Florida · Sep 19, 2014
Haines was the decedent’s "statutory employer” entitled to qualified immunity pursuant to sections 440.10 and 440.11, Florida Statutes (2010). . … Haines's contentions that Appellees failed to establish the other elements required by section 440.11(1 )(b)2.
Cited 5 timesPublishedFlorida Attorney General Reports · Nov 8, 1996
Such special masters may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special masters. . . . … actions and was, therefore, immune from suit. 5 Based on this determination of quasi-judicial status and judicial immunity, it is my opinion that a special master appointed pursuant to section 194.035 , Florida Statutes,
Cited 0 timesPublishedHudson v. City of Riviera Beach
982 F. Supp. 2d 1318 · District Court, S.D. Florida · Nov 13, 2013
Qualified immunity protects government officials who perform discretionary functions by shielding them from civil liability as long as the officials’ conduct “does not violate clearly established statutory or constitutional … To determine whether qualified immunity exists, a court must evaluate (1) whether a plaintiff has alleged a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the
Cited 2 timesPublished
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