Case law

Sturiano v. Brooks

523 So. 2d 1126 · Supreme Court of Florida · Mar 24, 1988

The doctrine of interspousal tort immunity has a long and established history in Florida law. … Snowten is clearly distinguishable on the facts. In that case, because both spouses were alive, the policy reasons for barring the action were strong.

Ago

Florida Attorney General Reports · Sep 10, 1976

The purpose of the act, as indicated by its title, is: To amend the Public Health Service Act to authorize the establishment and implementation of an emergency national swine flu immunization program and to provide an exclusive … I understand that, after you wrote your letter to me, you have been asked whether a private health agency may be reimbursed for its expenses and still qualify as a "program participant."

In Interest of GGP

382 So. 2d 128 · District Court of Appeal of Florida · Apr 2, 1980

The tape clearly shows that appellant believed that the promise of immunity made by the St. Cloud officer covered all the burglaries. … Unless it could be effectively and clearly demonstrated that appellant understood that the Osceola deputy would not cooperate with the St.

Brown v. City of Pinellas Park

557 So. 2d 161 · District Court of Appeal of Florida · Feb 16, 1990

Cf. 57A Am.Jur.2d Negligence § 185 (1989) (industry customs or practices "often highly probative" in establishing a duty of care.). … That is, it does not appear to have been established in that case, as is apparent under the allegations in this case, that there was a very clearly sufficient period of time in which the pursuing officers could have been

Tasis v. Marceno

District Court, M.D. Florida · Apr 22, 2025

At the motion-to-dismiss stage, the Court must find entitlement to qualified immunity and dismiss “if the complaint fails to allege the violation of a clearly established right.” Id. … Instead, he seems to argue that a “broader, clearly established principle” defeats qualified immunity. Id. (quoting Keating, 598 F.3d at 766).

L.S.T. Inc. v. Crow

834 F. Supp. 1355 · District Court, M.D. Florida · Oct 5, 1993

As basis therefor, Defendants assert that probable cause existed for the arrests from which these charges flow, and thus, they are entitled to a qualified immunity from liability under 42 U.S.C. § 1983 . … As basis therefor, Defendants assert that probable cause existed for the arrests of April 15, 1990 and May 6, 1990, and as such, Defendants are entitled to a qualified immunity from liability under 42 U.S.C. § 1983 .

Provident Mgmt. v. City of Treas. Island

718 So. 2d 738 · Supreme Court of Florida · May 7, 1998

In my view, the City's conduct is an exercise of both its legislative and police power functions, which are clearly protected by sovereign immunity. Trianon Park Condominium Ass'n v. … That is clearly judicial legislation and contrary to the exclusive authority of the legislature to waive sovereign immunity under article X, section 13, of the Florida Constitution.

Dustin Kenney and Jill Kenney, as parents and natural guardians of D.K., a minor v. Collier County School Board, Jorge Badillo, and Ashley Coloma

District Court, M.D. Florida · May 26, 2026

“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 a reasonable … Because Plaintiffs fail to demonstrate a violation of a clearly established constitutional right, Badillo and Coloma are entitled to qualified immunity, and the Court dismisses count II with prejudice.

Making Ends Meet, Inc. v. Cusick

719 So. 2d 926 · District Court of Appeal of Florida · Sep 2, 1998

However, [t]he right of a lessor to disapprove of prospective assignees of a lease does not render the lessor immune from an action for tortious interference with the business *928 of the lessee where it can be shown that … The qualified privilege established in Genet "carries with it the obligation to employ means that are not improper. In other words, the privilege does not encompass the purposeful causing of a breach of contract."

Cozort v. State Farm Mutual Automobile Insurance

233 F.R.D. 674 · District Court, M.D. Florida · Jun 3, 2005

Thus, the immunity is qualified and, under the traditional Rule 26 analysis, the items are discoverable upon a sufficient showing of substantial need and undue hardship. See Hickman v. … These documents should be clearly identified as post-coverage litigation documents on the amended privilege log, and described with sufficient specificity to allow for evaluation of the applicability of any such privilege

In Re Executive Assignment of State Attorney

298 So. 2d 382 · Supreme Court of Florida · Aug 6, 1974

Florida Statutes, Section 27.14, requires that such extension be approved by the Supreme Court of Florida which thus far has not been done, and such law clearly indicates a public policy that a State's Attorney should not … The order being reviewed grants immunity from investigation and indictment to political candidates. The order does not give such immunity to other persons.

Peek v. McCormick

District Court, M.D. Florida · Aug 14, 2025

“Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.” Corbitt _v. … 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

Seminole Tribe of Florida v. Butterworth

491 F. Supp. 1015 · District Court, S.D. Florida · May 6, 1980

The Tribe’s bingo operation is clearly in violation of Fla.Stat. § 849.093 in several respects. 3 First the statute permits the operation of a bingo hall by a qualified organ *1017 ization no more than two days per week. … Thus plaintiffs could not establish any right, privilege or immunity secured by a law of the United States as required by § 1983. 6 .

Storm v. Town of Ponce Inlet

866 So. 2d 713 · District Court of Appeal of Florida · Jan 2, 2004

Writing for a small majority, Justice Overton said: The government clearly has no responsibility to protect personal property interests or ensure the quality of buildings that individuals erect or purchase. … Sovereign Immunity Based on A Discretionary Act of the Government.

Bruno v. Destiny Transp., Inc.

921 So. 2d 836 · District Court of Appeal of Florida · Mar 3, 2006

Based on the foregoing, we conclude that appellees' showing was insufficient, as a matter of law, to establish the borrowed servant status of Gamboa and Garcia so as to make Destiny, Gamboa, and Garcia statutorily immune … Our review of the scope of alleged negligence in the complaint as well as contradictory testimony and competing inferences leads to our view that this issue is clearly a determination for the jury.

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana

Supreme Court of Florida · Apr 1, 2024

Applies to Florida law; does not change, or immunize violations of, -4-  federal law. Establishes possession limits for personal use. Allows consistent legislation. … There, the proposed amendment allowed the use of medical marijuana, removed state penalties and liability for such -8- use, established the distribution of marijuana through qualified

Lewis

District Court, M.D. Florida · Oct 14, 2025

“Qualified immunity shields government officials from liability for civil damages insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if clearly established law can simply be defined as the right to be free from unreasonable searches and seizures.”

Athanas

District Court, M.D. Florida · Jun 25, 2026

“To overcome qualified immunity, the plaintiff must show both that (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.”7 Crider v. … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.”).

Miami-Dade County v. Acosta

757 So. 2d 539 · District Court of Appeal of Florida · Apr 12, 2000

The trial court agreed with Appellee and entered Partial Summary Judgment against the County stating that the County was not entitled to workers' compensation immunity. … The record here clearly establishes that the County has a contractual obligation to American Airlines to remediate the excavations caused by the removal of the baggage shed.

Hardee County, Florida, etc. v. FINR II, Inc., etc.

42 Fla. L. Weekly Supp. 613 · Supreme Court of Florida · May 25, 2017

Therefore, the Act must be construed narrowly, no more broadly than clearly specified. See Rudnick, 761 So.2d at 293 . … In addition to being a derogation of common law, the Act is also a waiver of sovereign immunity; This Court construes waivers of sovereign immunity narrowly to protect public funds.