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Case 1:09-cv-22905-JAL Document 62 Entered on FLSD Docket 06/17/2011 Page 5 of 6 5 Stringer v. Jackson, et al. Case No. 09-22905-Civ-Lenard/White held that qualified immunity can be raised through a Rule 12(b)(6) motion. Ansley v. Heinrich, 925 F.2d 1339, 1347 (11th Cir. 1991) (“We reiterate that qualified immunity is a question of law for the court to decide preferably on pretrial motions for . . . failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6) . . . ”). This is consistent with the principle that “[q]uestions of qualified immunity must be resolved at the earliest possible stage in litigation.” Gonzalez v. Reno, 325 F.3d 1228, 1233 (11th Cir. 2003). Further, the Eleventh Circuit has cautioned district courts that they cannot defer ruling on qualified immunity because it constitutes protection not merely from liability, but also from suit in general. Collins v. Sch. Bd. of Dade County, 981 F.2d 1203, 1204-05 (11th Cir. 1993) (determining that deferral of ruling on qualified immunity constitutes error and operates as a denial of immunity from suit). After all, the goal of qualified immunity is to eliminate a claim as soon as it becomes apparent that the claim is barred. See Siegert v. Gilley, 500 U.S. 226, 232 (1991) (“One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending a long drawn out lawsuit.”). Therefore, Magistrate Judge White erred in his refusal to rule upon the qualified immunity issue at this stage of the proceedings. CONCLUSION For the foregoing reasons, Defendants respectfully submit that Magistrate Judge White erred in recommending that Defendants‟ Motion to Dismiss [D.E. #56] be denied in part and Plaintiff‟s retaliation claim be allowed to proceed. Defendants respectfully request that qualified immunity be recognized, and all of Plaintiff‟s claims against Jackson and Harris be dismissed with prejudice.
Case 1:09-cv-22905-JAL Document 62 Entered on FLSD Docket 06/17/2011 Page 6 of 6 Respectfully submitted, R. A. CUEVAS, JR. Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. First Street, Suite 2810 Miami, Florida 33128 Telephone: 305.375.5151 Facsimile: 305.375.5611 By: s/Rodolfo A. Ruiz Assistant County Attorney Florida Bar Number: 21980 Email: rudyr@miamidade.gov CERTIFICATE OF SERVICE 6 Stringer v. Jackson, et al. Case No. 09-22905-Civ-Lenard/White I hereby certify that a true and correct copy of the foregoing was served via U.S. Mail on Friday, June 17, 2011 on all counsel or parties of record on the Service List below. SERVICE LIST s/Rodolfo A. Ruiz Assistant County Attorney Stringer v. Jackson, et al. Case No. 09-22905-Civ-Lenard/White United States District Court, Southern District of Florida Thomas B. Stringer No. 60633-004 Metropolitan Correctional Center 150 Park Row New York, New York 10007 Pro Se Served via U.S. Mail Rodolfo A. Ruiz, Esq. Assistant County Attorney Email: rudyr@miamidade.gov Miami-Dade County Attorney‟s Office Stephen P. Clark Center, Suite 2810 111 Northwest First Street Miami, Florida 33128 Telephone: 305.375.5151 Facsimile: 305.375.5634 Counsel for Gato B. Jackson and Louvenia Harris Served via CM/ECF Notice
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US District Court Southern District of Florida (Miami) - United States ...

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