Opinion

Amnesty International, USA v. Battle

  • 559 F.3d 1170
  • 2009 U.S. App. LEXIS 3489
  • 2009 WL 425050
Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 23, 2009
Status
Published
Author
Hull
On the bench
Hull, Marcus, Kravitch
Cited by
85 cases

Abrogated on other grounds by Ashcroft v. Iqbal, 556 U.S. 662 (2009)

stating that “only the case law of the Supreme Court, the Eleventh Circuit or the law of the highest court of the state where the events took place — in this case, Florida — can 'clearly establish' constitutional rights” (quoting Marsh v. Butler Cnty., Ala., 268 F.3d 1014, 1032 n. 10 (11th Cir.2001))

How later courts described this case

  • stating that “only the case law of the Supreme Court, the Eleventh Circuit or the law of the highest court of the state where the events took place — in this case, Florida — can 'clearly establish' constitutional rights” (quoting Marsh v. Butler Cnty., Ala., 268 F.3d 1014, 1032 n. 10 (11th Cir.2001))
  • stating that identification of injured individuals does not apply to First Amendment claims, and the same reasoning can be applied to support that plaintiffs need not allege which subordinates caused the alleged injury in supervisory liability claims under § 1983
  • finding that, even if a plaintiff adequately alleges a First Amendment violation, a defendant “will still be entitled to qualified immunity unless those rights were clearly established at the time the violations took place” (internal quotation marks omitted)
  • reversing the district court’s order dismissing First Amendment claims when an organization alleged that the defendants directed police officers to take actions that prohibited a demonstration from being seen or heard by audience members or the media

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Ashcroft v. Iqbal, 556 U.S. 662 (2009)

    559 F.3d 1170, 1180 (11th Cir. 2009), abrogated on other grounds by Iqbal, 556 U.S. 662
    Supreme Court of the United StatesMay 18, 2009other groundsmedium confidenceRead it

The opinion

HULL, Circuit Judge,

specially concurring:

I specially concur in the judgment reversing the district court’s dismissal of Amnesty’s Second Amended Complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.