defense of qualified immunity (Florida) · Go Syfert
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defense of qualified immunity in Florida

11 Florida opinions name it 2 courts 1981–2010 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Redo v. Sylvestrigreen
fladistctapp · 1997 · cited in 2 Florida opinions naming this issue, 1999–2000
2 sentences

2000Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v. Sylvestri, 690 So.2d 731, 732 (Fla. 4th DCA 1997)(citing Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) and City of Hialeah v. Fernandez, 661 So.2d 335 (Fla. 3d DCA 1995)).

1999See Redo v. Sylvestri, 690 So.2d 731 (Fla. 4th DCA 1997).

22
City of Hialeah v. Fernandezgreen
fladistctapp · 1995 · cited in 2 Florida opinions naming this issue, 1997–2000
2 sentences

2000Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v. Sylvestri, 690 So.2d 731, 732 (Fla. 4th DCA 1997)(citing Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) and City of Hialeah v. Fernandez, 661 So.2d 335 (Fla. 3d DCA 1995)).

1997See Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); City of Hialeah v. Fernandez, 661 So.2d 335, 339 (Fla. 3d DCA 1995).

12
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 2 Florida opinions naming this issue, 1997–2000
2 sentences

2000Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v. Sylvestri, 690 So.2d 731, 732 (Fla. 4th DCA 1997)(citing Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) and City of Hialeah v. Fernandez, 661 So.2d 335 (Fla. 3d DCA 1995)).

2000Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v. Sylvestri, 690 So.2d 731, 732 (Fla. 4th DCA 1997)(citing Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) and City of Hialeah v. Fernandez, 661 So.2d 335 (Fla. 3d DCA 1995)).

12
Tucker v. Reshagreen
fla · 1994 · cited in 2 Florida opinions naming this issue, 1996–1996
2 sentences

1996In responding to a certified question, the court in Tucker held that an order denying a motion for summary judgment asserting the defense of qualified immunity to a federal civil rights claim brought in a Florida court was "subject to interlocutory review to the extent that the order turns on an issue of law. " Id. at 1190 (emphasis added). [2] One of the court's reasons for permitting such review was that such a defense provides immunity from suit rather than just a defense to liability.

1996V, § 3(b)(3), Fla. Const. In Tucker v. Resha, 648 So.2d 1187 (Fla. 1994), we held that a public official asserting qualified immunity as a defense to a federal civil rights claim brought in state court was entitled to interlocutory review of an order which denied her motion for summary judgment based on the defense of qualified immunity.

12
Wood v. Stricklandgreen
scotus · 1975 · cited in 1 Florida opinions naming this issue, 1990–1990
2 sentences

1990Wood v. Strickland, 420 U.S. 308, 321 , 95 S.Ct. 992, 1000 , 43 L.Ed.2d 214, 224 (1975).

1990Wood v. Strickland, 420 U.S. 308, 321 , 95 S.Ct. 992, 1000 , 43 L.Ed.2d 214, 224 (1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Estate of Robin Grant Kennedy v. Bell Helicopter Textron, Inc., and Garlick Helicopters, Inc. green
ca9 · 2002
1 sentence

2010The court held that it had jurisdiction to review the district court’s non-final order under the collateral order doctrine because the protection provided by GARA was analogous to the defense of qualified immunity provided to government officials in that “it creates an explicit statutory right not to stand trial which would be irretrievably lost should [the manufacturer] be forced to defend itself in a full trial.” Id. at 1110 .

12010–2010
Brescher v. Pirez green
fladistctapp · 1997
1 sentence

2000Brescher v. Pirez, 696 So.2d 370 (Fla. 4th DCA 1997).

12000–2000
Ansley v. Heinrich green
ca11 · 1991
1 sentence

1997Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987); Ansley v. Heinrich, 925 F.2d 1339 (11th Cir.1991).

11997–1997
Paul v. Davis green
scotus · 1976
2 sentences

1997Paul v. Davis, 424 U.S. 693 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976).

1997Paul v. Davis, 424 U.S. 693 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976).

11997–1997
Anderson v. Creighton green
scotus · 1987
2 sentences

1997Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987); Ansley v. Heinrich, 925 F.2d 1339 (11th Cir.1991).

1997Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987); Ansley v. Heinrich, 925 F.2d 1339 (11th Cir.1991).

11997–1997
Nodar v. Galbreath green
fla · 1984
1 sentence

1990In Nodar v. Galbreath, 462 So.2d 803 (Fla. 1984), the supreme court set forth the defense of qualified privilege as follows: "One who publishes defamatory matter concerning another is not liable for the publication if (a) the matter is published upon an occasion that makes it conditionally privileged and (b) the privilege is not abused." Restatement (Second) of Torts § 593 (1976).

11990–1990
Frank Coulson, Inc.-Buick v. Trumbull neutral
fladistctapp · 1976
1 sentence

1981Frank Coulson, Inc.-Buick v. Trummbull, 328 So.2d 271 (Fla. 4th DCA 1976); Moseley v. City Gas Company of Florida, 310 So.2d 390 (Fla. 4th DCA 1975).

11981–1981
Moseley v. City Gas Co. of Florida neutral
fladistctapp · 1975
1 sentence

1981Frank Coulson, Inc.-Buick v. Trummbull, 328 So.2d 271 (Fla. 4th DCA 1976); Moseley v. City Gas Company of Florida, 310 So.2d 390 (Fla. 4th DCA 1975).

11981–1981

Statutes the citing opinions construe

USC § 42u.s.c.1983 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 46 (1944–2024) TX 35 (1978–2024) OH 34 (1980–2026) NC 29 (1963–2022) NJ 20 (1975–2025) AL 18 (1991–2025) CA 15 (1921–2017) MA 14 (1991–2026) CT 12 (1992–2009) MD 11 (1959–2020) FL 11 (1981–2010) NM 10 (1964–2024) MI 9 (1987–2019) PA 9 (1938–2025) MO 9 (1954–2000) DC 8 (1970–2024) WV 8 (1943–2023) CO 7 (1990–2002) WY 7 (1989–2021) SC 7 (1962–2015) LA 6 (1977–2008) IA 6 (1972–2013) MS 6 (1991–2005) WI 6 (1987–2000) AZ 6 (1970–2011) SD 6 (1993–2021) TN 5 (1996–2011) GA 5 (1992–2015) WA 4 (1978–2024) KS 4 (1994–2013) VA 4 (1985–2014) IN 4 (1977–1989) OK 4 (1981–2017) OR 4 (1960–2012) ME 3 (1998–2023) ID 3 (1987–2004) IL 3 (1975–2006) AR 3 (1987–2013) NE 2 (1931–1999) VT 2 (2024–2024) MN 2 (1994–1997) RI 2 (1992–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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