Marx v. Gumbinner

1 Citing brief

  1. Tracy v. Florida Atlantic University Board of Trustees et al

    RESPONSE in Opposition re Defendant's MOTION TO DISMISS 75 Amended Complaint,,,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 75 Amended Complaint,,,, Plaintiff's Amended Complaint

    Filed September 26, 2016

    Qualified immunity does not shield against equitable claims. Marx v. Gumbinner, 855 F.2d 783, 787 (11th Cir. 1988). In determining whether Plaintiff has alleged a violation of a clearly established right, the Court must look to Case 9:16-cv-80655-RLR Document 84 Entered on FLSD Docket 09/26/2016 Page 21 of 39 22 prevailing First Amendment law, and apply the Pickering “balancing” test.