Legal Opinion

Vaughan v. Florida Department of Agriculture & Consumer Services

District Court of Appeal of Florida

Decided December 21, 2005No. Nos. 4D04-1109, 4D04-2136PublishedCited by 1 opinion

1Opinion of the CourtStone, J.

This case arises out of an entry onto the plaintiff, Vaughan’s, property to remove citrus trees by Elso and Conner, employees of the Department of Agriculture, and Weller, a deputy sheriff. The trial court entered orders dismissing these three defendants on grounds that they were entitled to qualified immunity.

The essential qualified immunity issue in this appeal is whether, at the time of the incident, the law clearly established that a warrant was required for the search of Vaughan’s property and whether, by entering his yard and arresting Vaughan, they exceeded the parameters of reasonable…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  3. Gentile v. BauderSupreme Court of Florida · 1998
  4. Haire v. Florida Department of Agriculture & Consumer ServicesSupreme Court of Florida · 2004
  5. Walsingham v. DockeryDistrict Court of Appeal of Florida · 1996

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3Cited by1 opinion

  1. Brown v. JenneDistrict Court of Appeal of Florida · 2012

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