Florida Immunity Law
 

Jeishy Mariana Zerpa v. Miami-Dade County, et al.

Miami, Florida personal injury lawyer represented the Plaintiff who sued the defendants on auto negligence wrongful death theories.

Plaintiff Jeishy Mariana Zerpa Malpica is the surviving spouse of Juan Carlos Martinez Silva who was killed on February 27, 2021, when the bicycle he was riding was hit by a Miami-Dade Police Car driven by Officer Christopher Bendana.

The state and i... More...
   $3000000 (02-28-2024 - FL)

Donald Spadaro, Guardian of Anthony Caravella v. City of Miramar, et al.

Fort Lauderdale, Florida personal injury lawyer represented the Plaintiff who sued Defendant on a civil rights violation theory claiming he was wrongfully convicted and sent to prison for a crime he did not commit.

This case was initially filed in the 17th Circuit Court, Broward County, Florida and was removed to federal court by the Defendants.

In 1984, Anthony Caravella was cha... More...
   $0 (09-10-2023 - FL)

Michael Baxter v. Louis Roberts, III and Trevor Lee

Tallahassee, Florida personal injury lawyer represented Plaintiff, who sued Defendant on a civil rights violation theory under 42 U.S.C. 1983.

This is an appeal from summary judgment in a civil rights case arising from a traffic stop and arrest that took place in Northwest Florida on December 24, 2017. On that day, Michael Baxter was pulled over by Deputy Trevor Lee of the Jackson County ... More...
   $0 (11-30-2022 - FL)

University of Florida Board of Trustees v. Anthony Rojas, et al.

Gainesville, Florida civil litigation lawyers represented Plaintiff, who sued Defendants on class action breach of contract theory claiming that the University of Florida Board of Trustees breached contracts with Plaintiff and other people similarly situated.

When COVID-19 first impacted Florida in Spring 2020, the
State University System Board of Governors directed Florida’s
... More...
   $0 (11-22-2022 - FL)

Bryan Francis Swift v. State of Florida

Pensacola, Florida criminal defense lawyer represented Defendant charged with second-degree murder.


Bryan Francis Swift was charged with second-degree murder with a weapon for the fatal stabbing of Adam Parker. Swift sought immunity from prosecution under section 776.032, Florida Statutes. After conducting an evidentiary hearing, the trial court found that Swift was not entitled to ... More...
   $0 (07-20-2022 - FL)

DEXX MEDICAL INDUSTRIES, CA, etc., vs FITESA NAOTECIDOS S.A.

Miami, Florida - Business Law lawyer represented Appellants with seeking to recover payment due for products sold.



Fitesa filed a complaint against Dexx and the Marinonis seeking to
recover payment due for products sold by Fitesa. The operative complaint
asserted Dexx and the Mari... More...
   $0 (07-15-2022 - FL)

Susan Khoury v. Gregory Williams

Miami, Florida personal injury lawyer represented Plaintiff, who sued Defendants on civil rights violation theories under 42 USC 1983.

Susan Khoury claimed that she was injured and/or damaged as a direct result of being wrongly institutionalized for a psychological examination under the Baker Act, a state law that allows for involuntary emergency mental health services. She was in a disp... More...
   $520000 (05-13-2022 - FL)

MAX GARCIA vs STATE OF FLORIDA

Lakeland, FL - Criminal Defense lawyer represented defendant with one count of aggravated battery causing great bodily harm, permanent disability, or permanent disfigurement chargeS.



Mr. Garcia was at a nightclub with his friends, Nicole Gruebmeyer, Halley
Vanselow, and Michael Maier. While at t... More...
   $0 (04-14-2022 - FL)

GUILLERMO PENALVER, vs THE STATE OF FLORIDA

Miami, FL - Criminal Defense lawyer represented defendant with appealing his denial of his motion to dismiss based on stand your ground immunity.



Guillermo Penalver seeks a writ of certiorari quashing the trial court’s
order denying his motion to dismiss based on stand your ground immunity More...
   $0 (02-21-2022 - FL)

Kimberly Daniels vs Karen Riggien

Tallahassee, FL - First Amendment Lawyer represented Appellant with a First Amendment retaliation action claim.



According to the complaint, Riggien began working for
Daniels as her legislative aide in September 2017. During
Riggien’s time as a legislative aide, Daniels mistreated Riggien... More...
   $0 (02-19-2022 - FL)

COLLEEN CUMMINGS vs STATE OF FLORIDA

Lakeland, FL - Criminal defense attorney represented Colleen Cummings with an aggravated battery charge.



We will briefly recount the pertinent events as they were relayed during
the evidentiary hearing below. On the evening of November 9, 2018, Mr. Blankenship,
a fifty-eight-year-old retiree with several health proble... More...
   $0 (01-23-2021 - FL)

CITY OF OPA-LOCKA, FLORIDA, etc., vs GEORGE SUAREZ, et al.

Miami, FL - Criminal defense attorney represented The City of Opa-Locka with appealing from a non-final order granting the Plaintiffs’ motion for class certification and denying the City’s motion to strike class
allegations.



This appeal from a class action certification arises out of the City’s decadelong policy an... More...
   $0 (01-13-2021 - FL)

WALTER RAMONE FORD v. STATE OF FLORIDA

Milton, FL - Criminal defense lawyer represented defendant Francis Raymond Palazzi Sr with seeking certiorari review of an order denying his motion to dismiss the first-degree murder indictment brought against him.



In 1994, Jamal McGowan was shot and killed outside his
home. Palazzi was the main suspect in the murder, but... More...
   $0 (11-30-2020 - FL)

JEROME SPARKS vs STATE OF FLORIDA

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In January 2017, the circuit court denied Sparks’s Stand Your Ground
motion to dismiss two coun... More...
   $0 (04-05-2020 - FL)

LUIS QUINTERO, vs JOSE M. DIAZ


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Quintero was the Director of Parks and Recreation for the City of
Sweetwater during the time that Diaz was the City’s Mayor. On June 2, 2014,
Diaz—acting in his official capacity as City Mayor... More...
   $0 (01-08-2020 - FL)

STEVEN PAUL ANDERSON vs MARY MITCHELL




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Steven Paul Anderson seeks certiorari review of an order overruling his objections to deposition questions and compelling additional depositions in th... More...
   $0 (04-06-2019 - FL)

JOSE RAMON NIEVES RIVERA vs STATE OF FLORIDA





A friendly residential gathering took a tragic turn, resulting in the shooting death of the gathering’s host. The shooter, Jose Rivera, appeals his convictions of first-degree murder with a firearm; attempted firstdegree murder with a firear... More...
   $0 (04-02-2019 - FL)

Ruben Sebastian v. Javier Ortiz




In this interlocutory appeal, Lieutenant Javier Ortiz of the Miami Police Department challenges the district court’s denial of his motion to dismiss this civil rights excessive force case arising out of a routine traffic stop. The appellee, Ruben Sebastian, alleges that duri... More...
   $0 (03-16-2019 - FL)

WILLIE JEFFERSON vs STATE OF FLORIDA





In a criminal information, the State charged that petitioner committed second-degree murder of his roommate on September 2, 2017. Petitioner filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(b), asserting Stand Yo... More...
   $0 (12-28-2018 - FL)

Doris Freyre v. Chad Chronister





This interlocutory appeal asks us to determine whether the Hillsborough County Sheriff’s Office (“HCSO”), in conducting child-protective investigations under a grant agreement with the Florida Department of Children and ... More...
   $0 (12-21-2018 - FL)

ANDY STRICKLAND vs BOARD OF COMMISSIONERS OF PINELLAS COUNTY, FLORIDA




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   $0 (12-14-2018 - FL)

Richard L. Fowler v. Caliber Homes Loans, Inc.





When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should a ... More...
   $0 (10-02-2018 - FL)

Jeffrey Koeppel v. Valencia College




Accused robbers, rapists, and murderers have statutory and constitutional rights. So does a college student who is accused of stalking and sexually harassing another student. The question in this case is whether Valencia College violated Jeffrey Koeppel’s statutory or constit... More...
   $0 (09-23-2018 - FL)

Denise Williams vs State of Florida

Petitioner is charged with first-degree murder, a capital offense, and conspiracy to commit first-degree murder and accessory after the fact to first-degree murder, offenses which are punishable by life imprisonment. See § 782.04(1), Fla. Stat. Article I, section 14, of the Florida Constitution states: Pretrial release and detention.— 2 Unless charged with a capital offense or an offense... More...    $0 (09-22-2018 - FL)

RONALD HIGHT JR. v. STATE OF FLORIDA

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

In 2012, appellant was charged with second-degree murder. Appellant filed a motion to dismiss under section 776.032 of the Stand Your Ground law and a pre-trial immunity hearing took place in 2014. After the denial of his motion, appellant went to trial and was convicted of a lesser included offense, manslaughter, in 2016. Appellant appealed his conviction. During the pendency of his appeal, t... More...    $0 (08-08-2018 - FL)

GABRYL MARK SULLIVAN vs STATE OF FLORIDA

Gabryl Sullivan challenges his judgment and sentence for aggravated battery causing great bodily harm with a deadly weapon. Sullivan was convicted following a jury trial and sentenced to seven years in prison. On appeal, Sullivan argues in part that the 2017 amendment to section 776.032, Florida Statutes, creating subsection (4), should apply retroactively to his case and that his motion to dism... More...    $0 (08-01-2018 - FL)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida

United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...    $0 (06-11-2018 - FL)

Thomas John Pope vs State of Florida

In 2012, the Florida Legislature found it was “in the public interest to encourage a person who is aware of or present during another individual’s drug overdose to seek medical assistance for that individual.” Ch. 2012-36, Laws of Fla. The Legislature therefore enacted the “911 Good Samaritan Act,” which provides that anyone “acting in good faith who seeks medical assistance for an individual expe... More...    $0 (06-10-2018 - FL)

Lenworth Bailey v. Rocky Mountain Holdings, LLC, Air Methods Corporation

United States District Court for the Southern District of Florida - Miami, Florida

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that encompass... More...
   $0 (05-09-2018 - FL)

Michael Montanez v. Jorge Carvajal, Todd Raible, et al.

Middle District of Florida Federal Courthouse - Tampa, Florida

Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the
* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.
Case: 16-17639 Date Filed: 05/09/2018 Page: 1 of 19
2
officers thereafter lawfully enter the home—without a warrant, an... More...
   $0 (05-10-2018 - FL)

TYMOTHY RAY MARTIN vs STATE OF FLORIDA

One evening in February of 2016, Mr. Martin and his girlfriend, Kathryn Lawson, went out for a night on the town that ended in an altercation in a McDonald's parking lot over who should drive to their next destination. According to Ms. Lawson, Mr. Martin punched her twice in the face after she refused to get into the vehicle. According to Mr. Martin, it was he who refused to get in the car, whic... More...    $0 (05-04-2018 - FL)

Christopher Sanchez vs. Miami-Dade County

Chief Judge Rothenberg correctly described the summary judgment
evidence.
On August 24, 2012, Eli Salgado purchased a Miami-Dade County Park Foundation membership for $149. This membership included a coupon book containing several promotional items, including two tickets to the zoo, a 50% discount coupon for golf, and a coupon for the use of a park shelter without payment of the requisite... More...
   $0 (05-01-2018 - FL)

KENTRELL F. JOHNSON vs. STATE OF FLORIDA

On March 30, 2010, Johnson and codefendants Quentin Truehill1 and Peter
Hughes escaped custody at Avoyelles Parish Sherriff’s Office in Marksville,
Louisiana. Johnson and his codefendants stole a truck and traveled to Florida,
committing a series of violent crimes along the way, including the kidnapping and
killing of Vincent Binder.
On the day of their escape, the code... More...
   $0 (03-25-2018 - FL)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

Antony Lee Turbeville v. Financial Industry Regulatory Authority

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce ... More...
   $0 (11-01-2017 - FL)

In Re: Fundamental Long Term Care, Inc.

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...    $0 (10-21-2017 - FL)

John Casserly v. The City of Delray Beach

Palm Beach County Courthouse - West Palm Beach, Florida

The plaintiff appeals from the circuit court’s final order granting the City’s motion to dismiss the plaintiff’s complaint with prejudice. In the complaint, the plaintiff alleged, in sum, that the City’s negligence in failing to repair or warn against a pothole in the City’s street caused him injuries when he tripped over the pothole while rollerblading in the street. The circuit court reasoned th... More...    $0 (10-02-2017 - FL)

Nam Dang v. Sheriff, Seminole County, Florida

Middle District of Florida Federal Courthouse - Tampa, Florida

Nam Dang’s health deteriorated while he was a pretrial detainee in the John E. Polk Correctional Facility (the “Jail”). Ultimately, Dang was diagnosed with meningitis, which caused him to suffer multiple strokes resulting in permanent injuries. Dang alleges § 1983 liability against several health care providers for providing inadequate medical care while Dang was in Jail and Seminole County Sherif... More...    $0 (10-01-2017 - FL)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More...
   $0 (04-08-2017 - FL)

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