Prosecutorial Immunity

459 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• GAN v. The City OF NEW York
  996 F.2d 522· 2d Cir.· 1993-06-01 ·cited 1×
  The court held that Assistant District Attorney Rettler was entitled to absolute immunity for decisions regarding prosecution and qualified immunity for investigative actions, and that claims against District Attorney Morgenthau were properly dismissed.
• Schlosser v. Coleman
  818 F. Supp. 1534· M.D. Fla.· 1993-04-20 ·cited 1×
  The court held that judges and prosecutors are immune from § 1983 claims for actions taken within their judicial or prosecutorial capacities, and the plaintiff failed to establish conspiracy or standing for injunctive relief.
• Marx v. Gumbinner
  630 F. Supp. 822· S.D. Fla.· 1989-05-19 ·cited 1×
  The court held that probable cause existed for the arrest, and even if it didn't, the defendants were entitled to qualified immunity, thus granting summary judgment.
• Galimore v. State Attorney Amira D. Fox & Fort Myers
  M.D. Fla.· 2026-01-13
  The court held that the plaintiff's second amended complaint fails to state a claim upon which relief can be granted and is dismissed with prejudice.
• Carlton Wilson v. Pryor
  M.D. Fla.· 2025-12-19
  The court held that the prisoner's civil rights complaint was subject to dismissal due to improper venue, judicial and prosecutorial immunity, and failure to state a claim under Heck v. Humphrey.
• Butler v. Marion Cnty. Sheriff's Off.
  M.D. Fla.· 2025-11-06
  The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and dismissed the federal claims with prejudice, declining to exercise supplemental jurisdiction over the state law claims.
• Scott v. Satz
  N.D. Fla.· 2025-10-24
  The court held that the plaintiff's claims must be dismissed because the Northern District of Florida is an improper venue and the defendants are immune from suit.
• Lutricia Lushan Brown Allen v. State
  S.D. Fla.· 2025-10-22
  The court held that the plaintiff's complaint was procedurally deficient, failed to state a claim, and constituted an improper shotgun pleading, warranting dismissal.
• Hatcher v. Eckhart
  M.D. Fla.· 2025-09-24
  The pro se inmate's civil rights complaint is dismissed without prejudice for failure to state a claim upon which relief can be granted.
• Fuller v. The City of Miami
  S.D. Fla.· 2025-09-15
  The court held that former City Attorney Victoria Mendez is entitled to absolute prosecutorial and legislative immunity, as well as qualified immunity, for the alleged actions, and that certain counts failed to allege actionable conduct.
• Freeman v. Commonwealth of Mass.
  M.D. Fla.· 2025-08-22
  The court held that the plaintiff's complaint fails to state a proper cause of action due to Eleventh Amendment immunity and other immunities, and denied a separate motion without prejudice.
• Valsaint v. State
  S.D. Fla.· 2025-08-04
  The court held that the plaintiff's claims against the State of Florida and its agencies are barred by sovereign immunity under the Eleventh Amendment and do not fall within the Ex parte Young exception.
• Mackroy v. Hill
  M.D. Fla.· 2025-07-08
  The court denied the plaintiff's motion for reconsideration because the complaint suffered from pleading deficiencies and was dismissed without prejudice.
• McDonald v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-06-25
  The court held that the pro se prisoner's complaint must be dismissed without prejudice because it failed to comply with procedural rules, sought impermissible relief, and contained insufficient allegations.
• Clark v. Swan
  M.D. Fla.· 2025-06-24
  The court held that the plaintiff's civil rights complaint must be dismissed because his claims are barred by the Younger abstention doctrine, the Heck doctrine, and prosecutorial immunity, and amendment would be futile.
• Fields v. Haas
  M.D. Fla.· 2025-06-17
  Prosecutors are entitled to absolute immunity for actions taken within their prosecutorial role, even if those actions involve presenting fabricated evidence or testimony.
• Hansen v. Smith
  M.D. Fla.· 2025-06-13
  The court granted defendants' motion for a protective order and to stay discovery pending resolution of their motion to dismiss.
• Reyes v. Whited
  M.D. Fla.· 2025-06-09
  The court held that the pro se prisoner's complaint under 42 U.S.C. § 1983 was frivolous and must be dismissed. Claims against state actors were barred by immunity or failure to state a claim, and the action was time-barred.
• Fisher v. State
  M.D. Fla.· 2025-05-21
  The court recommended denying the application to proceed in forma pauperis and dismissing the case without prejudice due to the plaintiff's failure to cure deficiencies in his complaint.
• Perry v. Steinbeck
  M.D. Fla.· 2025-05-19
  The court held that claims against judges and prosecutors are barred by absolute immunity, claims against the deputy are barred by reliance on a warrant, and claims against probation officials are barred by Heck v. Humphrey because the plaintiff was convicted.
• Fountain v. McKenzie
  N.D. Fla.· 2025-05-12
  The court recommended dismissal of the pro se plaintiff's complaint because he failed to truthfully disclose his litigation history, failed to state a claim against the defendants due to prosecutorial and public defender immunity, and failed to comply with a court order.
• Feliciano v. 10th Jud. Cir.
  M.D. Fla.· 2025-04-23
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to lack of specificity and failure to identify defendants against whom a claim could be pursued.
• Santos v. Barlett
  M.D. Fla.· 2025-04-23
  The court held that a pro se plaintiff's amended complaint, which sought to interfere with pending state court proceedings and lacked a legal basis or factual support, failed to state a claim and was barred by the Eleventh Amendment, warranting dismissal.
• Burno v. Lake Tech Inst. of Pub. Safety
  M.D. Fla.· 2025-04-17
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted and was deficient in multiple respects, warranting dismissal.
• Dorminy v. DiGiovanni
  M.D. Fla.· 2025-04-10
  The court held that it must abstain from hearing the case under Younger v. Harris, and alternatively, the complaint fails to state a claim upon which relief can be granted.
• Jackson v. State
  M.D. Fla.· 2025-03-20
  The court held that the plaintiff's civil rights claims were properly dismissed because they were barred by Heck v. Humphrey, the defendants were immune, or the claims failed to state a plausible claim for relief.
• Butler v. Marion Cnty. Sheriff's Off.
  M.D. Fla.· 2025-03-14
  The court held that the plaintiff's amended complaint suffers from numerous pleading deficiencies, including shotgun pleading, failure to state a claim, and claims against immune parties, warranting dismissal unless cured by a second amended complaint.
• Pritchett v. Hughes
  M.D. Fla.· 2025-03-04
  The court held that a federal court must abstain from interfering with ongoing state criminal proceedings and that certain state officials are immune from suit under 42 U.S.C. § 1983.
• Scocozzo v. Rhoden
  M.D. Fla.· 2025-02-25
  The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
• Burno v. Lake Tech Inst. of Pub. Safety
  M.D. Fla.· 2025-02-13
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 due to pleading deficiencies, improper parties, and Eleventh Amendment immunity, but granted leave to amend.
• Johnson v. Hillquist
  S.D. Fla.· 2025-01-23
  In this civil rights case, pro se plaintiff Johnson sued twenty defendants claiming a coordinated conspiracy to obstruct his underlying civil RICO litigation, bringing claims under 42 U.S.C. §§ 1983, 1985(3), and 1986. The court denied Johnson's motion to proceed in forma pauperi
• Butler v. Marion Cnty. Sheriff's Off.
  M.D. Fla.· 2025-01-15
  The court held that the plaintiff's claims against the judge and prosecutors are barred by immunity, the claim against the Sheriff's Office is improper, and the claims against the deputies are not clearly alleged, but granted plaintiff an opportunity to amend.
• Nicolas v. O'Donnell
  S.D. Fla.· 2025-01-13
  The court held that the pro se plaintiff's complaint must be dismissed because his claims, if successful, would necessarily imply the invalidity of his conviction, and he sued defendants who are immune or not state actors.
• Cowart v. Duro
  M.D. Fla.· 2024-12-17
  The court held that the plaintiff's second amended complaint, which relied on criminal statutes and failed to comply with pleading rules and prior court orders, should be dismissed without prejudice.
• Dustin v. Palmer
  M.D. Fla.· 2024-09-23
  The court held that the plaintiff's claims failed to state a plausible claim for relief under 42 U.S.C. § 1983, and therefore the case was dismissed without prejudice.
• Khan v. United States
  S.D. Fla.· 2024-09-20
  The court held that damages for reputational harm are recoverable as part of a malicious prosecution claim, and that the plaintiff is entitled to compensation for wrongful imprisonment and solitary confinement.
• Wood v. Hawkin
  M.D. Fla.· 2024-08-30
  The court held that the complaint failed to state a claim upon which relief could be granted due to various immunity doctrines and the inability of certain named defendants to be sued, warranting dismissal with leave to amend.
• Horn v. Mitchell
  N.D. Fla.· 2024-08-28
  A prisoner's civil rights complaint alleging constitutional violations during state criminal proceedings is properly dismissed with prejudice if the claims are barred by the statute of limitations, Heck v. Humphrey, or if the defendants are immune or not state actors.
• Adderley v. Austin
  N.D. Fla.· 2024-08-22
  The court held that the plaintiff's amended notice of removal, construed as a complaint, was frivolous and failed to state a claim, and that removal was procedurally improper and untimely.
• Malcolm v. City of Miami-Dade Cnty.
  S.D. Fla.· 2024-08-16
  The court held that the pro se plaintiff's civil rights complaint must be dismissed because he failed to state a claim and the defendants are immune from suit.
• Abboud v. Hardwick
  M.D. Fla.· 2024-08-14
  The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted, and that certain defendants were entitled to immunity.
• Charles v. Fox
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff's complaint failed to state a claim against any defendant, and thus it was dismissed without prejudice.
• Graham v. Torres
  M.D. Fla.· 2024-07-10
  The court held that a federal court must abstain from interfering with pending state criminal proceedings and that judicial and prosecutorial immunity bars claims against state officials for actions taken in those proceedings.
• Gainsburg v. The Florida Bar
  S.D. Fla.· 2024-06-13
  The Florida Supreme Court and Florida Bar are entitled to Eleventh Amendment sovereign immunity and cannot be sued in federal court. Gainsburg's claims against Joshua Doyle in his official capacity for equitable relief are barred by the Rooker-Feldman doctrine, which precludes fe
• Vega v. State
  M.D. Fla.· 2024-05-06
  The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted and is dismissed.
• Bourgault v. Britt
  S.D. Fla.· 2024-04-30
  The Court adopts the Magistrate Judge's Report and Recommendation, dismissing the Amended Complaint with prejudice.
• Smith v. Waxrnan
  S.D. Fla.· 2024-04-17
  The court held that prosecutors and witnesses are immune from suit, defense attorneys are not state actors, and the plaintiff failed to state a false arrest claim due to arguable probable cause.
• Young v. Highlands Cnty.
  S.D. Fla.· 2024-04-03
  The court adopted the magistrate judge's report and recommendation, denying the application to proceed in forma pauperis and dismissing the amended complaint with prejudice.
• Cuyler v. Wilson
  M.D. Fla.· 2024-03-20
  Judges and federal prosecutors are entitled to absolute immunity for actions taken in their official capacities, barring claims against them.
• Lenoir v. Thurson
  M.D. Fla.· 2024-03-15
  A prosecutor is entitled to absolute immunity for actions taken during a criminal prosecution, and a malicious prosecution claim requires termination in the plaintiff's favor.