Insights


Government and Administrative

Eleventh Circuit Clarifies the Standard for the Abrogation of Government Officials’ Entitlement to Sovereign Immunity

The Eleventh Circuit Court of Appeals has recently clarified the legal standard necessary to strip...

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Government and Administrative

A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment

The United States Supreme Court has recently held that a violation of the Miranda procedure...

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Government and Administrative

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within the Limitations Period

Sovereign immunity stands for the long-standing premise that the government cannot be sued without its...

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Government and Administrative

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an...

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Government and Administrative

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

The 21st Century law enforcement officer serves a variety of public service functions, only some...

Government and Administrative

It’s No Joke: First DCA Upholds Statutory Fines Against Individual Officials for Violations of Florida Firearms Preemption

The Florida Legislature has clearly staked out its role in legislating firearms regulations.  It remains...

Government and Administrative

On-Duty Law Enforcement Officers are Entitled to Invoke Marsy’s Law Victim Confidentiality

Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article...

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Government and Administrative

A Seizure by Any Other Name: US Supreme Court Affirms Centuries Old Rule Regarding the Use of Force and the Seizure of Criminal Suspects

In a divided opinion, the United States Supreme Court recently corrected the Tenth Circuit’s divergence...

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Government and Administrative

Qualified Immunity: The Commonly Misunderstood Defense and Opponents’ Efforts to Expose Law Enforcement Officers to Financial Ruin

Recent unrest has thrust the doctrine of qualified immunity into the spotlight.  Many of those...

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Government and Administrative

Florida Governor’s Executive Order 20-91: Florida is Closed, Violators are Subject to Custodial Arrest

The rapid spread of novel coronavirus (COVID 19) throughout Florida has created unprecedented challenges for...