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7 Florida opinions name it 1 courts 1979–2018 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.
| Case | Followed | Cited |
|---|---|---|
Commercial Carrier Corp. v. Indian River Cty.green2 sentences1996The second principle recognized by the court was that the sole purpose of the statute waiving sovereign immunity, section 768.28, Florida Statutes, [3] was to waive that immunity which prevented recovery for breaches of existing common law duties of care in the same manner as a private individual under like circumstances: "This effectively means that the identical existing duties for private persons apply to governmental entities." Id. 1979See Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979), in which the Supreme Court ruled: "So we, too, hold that although section 768.28 evinces the intent of our legislature to waive sovereign immunity on a broad basis, nevertheless, certain `discretionary' governmental functions remain immune from tort liability. | 1 | 2 |
Cauley v. City of Jacksonvillegreen1 sentence2013Cauley v. City of Jacksonville, 403 So.2d 379, 381 (Fla.1981); Carlile v. Game & Fresh Water Fish Comm’n, 354 So.2d 362, 364 (Fla.1977). | 1 | 1 |
Carlile v. GAME AND FRESH WATER FISH COM'Ngreen1 sentence2013Cauley v. City of Jacksonville, 403 So.2d 379, 381 (Fla.1981); Carlile v. Game & Fresh Water Fish Comm’n, 354 So.2d 362, 364 (Fla.1977). | 1 | 1 |
Leo Henzel v. Richard Gerstein, Robert L. Shevin, Attorney Generalgreen2 sentences1987Although an exception to immunity exists in the areas of investigative or administrative misconduct, the prosecutorial conduct on which appellant bases his allegation of negligent investigation, i.e., the suppression of exculpatory evidence, falls within "the band of prosecutorial immunity." Henzel v. Gerstein, 608 F.2d 654, 657 (5th Cir.1979). "[P]rosecutorial immunity extends to a prosecutor's actions in `initiating and pursuing a criminal prosecution and presenting the state's case.'" Id. 1987Although an exception to immunity exists in the areas of investigative or administrative misconduct, the prosecutorial conduct on which appellant bases his allegation of negligent investigation, i.e., the suppression of exculpatory evidence, falls within "the band of prosecutorial immunity." Henzel v. Gerstein, 608 F.2d 654, 657 (5th Cir.1979). "[P]rosecutorial immunity extends to a prosecutor's actions in `initiating and pursuing a criminal prosecution and presenting the state's case.'" Id. | 1 | 1 |
Edelman v. Jordangreen2 sentences1986See also Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974); Ford Motor Co. Cf. § 768.28(2), Fla. Stat. (1985) (defining "state agencies" for purposes of the statute waiving sovereign immunity in tort actions as including "corporations primarily acting as instrumentalities or agencies of the state"). 1986See also Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974); Ford Motor Co. Cf. § 768.28(2), Fla. Stat. (1985) (defining "state agencies" for purposes of the statute waiving sovereign immunity in tort actions as including "corporations primarily acting as instrumentalities or agencies of the state"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Trianon Park Condominium v. City of Hialeah
green
2 sentences2018Second, “the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities.” Id. 2017Second, “the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities.” Id. | 3 | 1996–2018 |
Berry v. State
green
1 sentence1987As was held in Berry v. State, 400 So.2d 80 (Fla. 4th DCA), rev. denied, 411 So.2d 380 (Fla. 1981), "the conduct of a state attorney in the exercise of his prosecutorial duties qualifies as a discretionary governmental function the performance of which is not affected by the statute waiving sovereign immunity." Id. at 84. | 1 | 1987–1987 |
Shinholster v. Graham
green
1 sentence1986Since the Florida legislature has not waived the state's sovereign immunity in civil rights actions, see Gamble v. Florida Dep't of Health & Rehabilitative Services, 779 F.2d 1509 (11th Cir.1986); Shinholster v. Graham, 527 F. Supp. 1318 (N.D.Fla. 1981); [2] art. | 1 | 1986–1986 |
Charlotte I. Gamble, Etc., Etc. v. The Florida Department of Health and Rehabilitative Services
green
1 sentence1986Since the Florida legislature has not waived the state's sovereign immunity in civil rights actions, see Gamble v. Florida Dep't of Health & Rehabilitative Services, 779 F.2d 1509 (11th Cir.1986); Shinholster v. Graham, 527 F. Supp. 1318 (N.D.Fla. 1981); [2] art. | 1 | 1986–1986 |
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.
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.