Case law

White

District Court, M.D. Florida · Mar 5, 2026

Qualified Immunity Murphy argues that qualified immunity bars White’s claim against him. (Doc. 21 at 5). … “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Stewart v. Sun Sentinel Co.

695 So. 2d 360 · District Court of Appeal of Florida · Feb 12, 1997

duties of these defendants do not specifically include issuing press releases, these defendants are not protected by the absolute privilege attaching to statements by public officials incidental to their official duties established … Hurtado, as the trial court correctly found, was entitled to the absolute immunity afforded statements made in the course of judicial proceedings, even though the lawsuit had not yet been filed. Ange v.

COOPER v. CANNON

District Court, N.D. Florida · Oct 21, 2024

Cannon Is Entitled to Qualified Immunity. … Qualified Immunity Standard Qualified immunity provides “complete protection for government officials sued in their individual capacities as long as their conduct

Sibley v. City of Lakeland

District Court, M.D. Florida · Jun 23, 2025

This alone warrants the grant of qualified immunity. It is Plaintiff’s burden to point to clearly established law supporting this claim and Plaintiff has chosen not to do so. … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.

Kaisner v. Kolb

12 Fla. L. Weekly 1623 · District Court of Appeal of Florida · Jul 1, 1987

Moreover, the court's decision in Commercial Carrier did not discuss or consider conduct for which there would have been no underlying common law duty upon which to establish tort liability in the absence of sovereign immunity … The waiver was intended to be broad in its coverage, but clearly was not intended to create causes of action for activities that are inherently governmental in nature. Trianon Park, 468 So.2d at 921 .

POLK STATE COLLEGE DISTRICT BOARD OF TRUSTEES v. SHANTRELL FISHER

District Court of Appeal of Florida · Feb 9, 2024

“[B]ecause sovereign immunity includes immunity from suit, entitlement to sovereign immunity should be established as early in the litigation as possible.” Fla. Highway Patrol v. … legislature had “authorized certain goals and activities which can only be achieved if state agencies have the power to contract for necessary goods and services,” the Florida Supreme Court reasoned that the legislature “clearly

United States v. Florida West International Airways, Inc.

853 F. Supp. 2d 1209 · District Court, S.D. Florida · Feb 10, 2012

Accordingly, as a preliminary matter, we conclude that Hidalgo and Florida West have third party beneficiary standing necessary to establish their immunity under the Plea Agreement (assuming, of course, they fall within this … But, we find Hidalgo’s and his witnesses’s testimony credible. 33 While Hi *1232 dalgo is indeed biased and motivated by his desire to establish immunity, the record evidence corroborates his position.

Doe v. Escambia County School Bd.

599 So. 2d 226 · District Court of Appeal of Florida · May 18, 1992

Briefly, the evidence viewed in a light most favorable to the Does' case established the following. … The trial court erred in characterizing the plaintiff's cause of action as one for lack of adequate security; the complaint and the evidence of record clearly show that it is for the negligent breach of the school's duty

Watson v. Edelen

76 F. Supp. 3d 1332 · District Court, N.D. Florida · Jan 5, 2015

Qualified Immunity Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … Qualified immunity is a defense not only from liability, but also from suit, so courts should ascertain the validity of a qualified immunity defense as early in the lawsuit as possible. See id.

Spires v. State

180 So. 3d 1175 · District Court of Appeal of Florida · Dec 9, 2015

We deny the petition on the merits as the trial court’s factual findings are supported by competent substantial evidence, and we conclude that the trial court did not err by finding that the defendant failed to establish … warrants immunity”).

Sheiner v. State

82 So. 2d 657 · Supreme Court of Florida · Jul 29, 1955

The charges were clearly proven as to some of them; as to others they were admitted or not controverted, or there was no showing why the order made was improper. … His immorality was then established. He had the constitutional right to invoke the immunity provisions of the fundamental law, but by so doing, he made his choice or election.

Nicholas A. James v. Daniel K. Leigh, and Kenny Leigh, P.A.

145 So. 3d 1006 · District Court of Appeal of Florida · Sep 9, 2014

Since the absolute litigation privilege is a firmly established right of immunity designed to protect the public by ensuring the free and full disclosure of facts in the conduct of judicial proceedings, we conclude the … The respondents are seeking to apply a standard that would establish a closer relationship between the alleged defamatory statements and the judicial proceeding in which they are made than the case law establishes.

Pensacola Jr. College v. Montgomery

539 So. 2d 1153 · District Court of Appeal of Florida · Feb 28, 1989

We reiterate that the statutory waiver of sovereign immunity "must be clearly expressed and strictly construed... ." See Gerard v. … 627.7262, Florida Statutes, prevented the filing of a motion to dismiss until the trial was concluded and judgment was entered against the insured — is inapplicable to the facts of the case at bar since the record plainly established

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

by a sovereignly immune independent establishment of the state and which is subject to the type of control to which First Physicians Group is subject, is entitled to sovereign immunity. … The hospital district's immunity is not disputed by the Pagans. It is also well established that a physician employed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub.

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida · Dec 20, 2024

Notwithstanding this argument, nothing in the record establishes that the Bureau of Consumer Assistance is a subdivision of DFS or that their mailing addresses are the same. … Additionally, Appellee cites no case law supporting her claims that notice to a subdivision of DFS qualifies as notice to DFS for purposes of section 768.28(6)(a).

Healy v. Town of Pembroke Park

643 F. Supp. 1208 · District Court, S.D. Florida · May 29, 1986

Further, there is no Constitutional requirement that an employer establish a grievance procedure available to the union and its members. … Therefore, plaintiffs argue, it is a jury question whether the individual defendants’ immunity is absolute or qualified. The Plaintiffs rely on Harlow v.

Cross v. Lakeview Center, Inc.

529 So. 2d 307 · District Court of Appeal of Florida · Jul 14, 1988

Monahan did not qualify as a health care provider as defined in Section 768.59, Florida Statutes. Appellant objected to Dr. … The trial court overruled appellant's objection without specifically ruling whether the predictability of violence was a clearly established field. Dr.

M.M., etc. v. Florida Department of Children and Families

41 Fla. L. Weekly Supp. 141 · Supreme Court of Florida · Apr 14, 2016

It does not follow that the removal of these orders from the rule automatically qualifies them as appealable final orders under rule 9.110. … ; (vi) whether to certify a class; (vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law; (viii) that a governmental entity has taken action

Firstamerica Dev. Corp. v. Daytona Beach N.-J. Corp.

196 So. 2d 97 · Supreme Court of Florida · Dec 7, 1966

from civil or criminal prosecution, but was simply intended to secure to the conductors of the press the same rights and immunities, and such rights and immunities only, as were enjoyed by the public at large." … It is a qualified right, since it is not construed as permitting press licentiousness or freedom from reponsibility for what is published.

Bennett v. St. Vincent's Medical Center, Inc.

71 So. 3d 828 · Supreme Court of Florida · Jul 7, 2011

No party in this case contends that the statute provides immunity from suit to physicians practicing obstetrics for alleged malpractice occurring during labor and delivery; rather, the immunity is narrowly circumscribed by … his conclusions and that their expert was more qualified to render an opinion regarding the timing of the injury.