Case law

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Jul 28, 2003

On the other hand, the state control in the instant case is clearly indirect. … Longstanding authority clearly establishes that local governments such as counties may be held liable under 42 U.S.C. § 1983 for policies they adopt or customary practices they tolerate in operating local governmental

McCallum v. City of Athens

976 F.2d 649 · Court of Appeals for the Eleventh Circuit · Nov 3, 1992

Acknowledging that Parker immunity applies to a city’s anti-competitive conduct sanctioned by a “clearly expressed state policy,” the Hallie Court applied a foreseeability test to determine whether the statute clearly expressed … [must be] clearly articulated and affirmatively expressed”).

Judicial Complaint, In Re:

239 F.3d 1216 · Court of Appeals for the Eleventh Circuit · Jan 24, 2001

The district court denied the individual Defendants qualified immunity on Plaintiff's freedom of speech claim but granted the individual Defendant's qualified immunity on Plaintiff's freedom of association claim. … right was clearly established at the time of the alleged violation.

Todorov v. DCH Healthcare Authority

921 F.2d 1438 · Court of Appeals for the Eleventh Circuit · Jan 29, 1991

His circumstantial evidence, considered in the light most favorable to him, establishes the following. First, he was qualified to administer and interpret CT scans of the head. … DCH, as a hospital so organized, clearly qualifies as a local governmental entity.

Adams v. St. Lucie County Sheriff's Department

998 F.2d 923 · Court of Appeals for the Eleventh Circuit · Aug 25, 1993

Given the testimony and other evidence presented at the first trial, I have grave doubt that the plaintiffs established, or could establish at a second trial, this constitutional violation. … Judicial fact-finding on such issues would ensure that qualified immunity serves as an immunity from suit, particularly in cases of artful pleading supported by less than persuasive evidence.

Judicial Complaint, In Re:

239 F.3d 1216 · Court of Appeals for the Eleventh Circuit · Jan 24, 2001

The district court denied the individual Defendants qualified immunity on Plaintiff’s freedom of speech claim but granted the individual Defendant’s qualified immunity on Plaintiff’s freedom of association claim. … that right was clearly established at the time of the alleged violation.

American Federation of Labor v. City of Miami

Court of Appeals for the Eleventh Circuit · Apr 5, 2011

That count was dismissed by the district court because it concluded that the officers were entitled to qualified immunity. … A government official is entitled to qualified immunity if, under the facts as alleged, his conduct did not violate a clearly established statutory or constitutional right of which a

Joe Marsh v. Butler County, Alabama

225 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Sep 7, 2000

Sheriff Harris is protected by qualified immunity. … “Defendants are entitled to qualified immunity in a Rule 12(b)(6) motion to dismiss only if the complaint fails to allege facts that would show a violation of a clearly established constitutional right.” Kyle K. v.

Joseph R. Harmon, Cross-Appellant v. W.C. Berry, Cross-Appellees

776 F.2d 259 · Court of Appeals for the Eleventh Circuit · Nov 12, 1985

immunity. … immunity.

Friedman v. Market Street Mortgage Corp.

520 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Mar 20, 2008

In Odaleinde, which involved a 42 U.S.C. § 1983 civil rights action against police officers, we affirmed the district court’s order denying qualified immunity for the police officers because of the limited nature of the … The fact that we expressly permitted the defendants to re-assert the qualified immunity defense as the facts developed in Odaleinde does not even remotely approach the proposition that a district court may revisit an issue

Coastal Petroleum Co. v. U.S.S. Agri-Chemicals

695 F.2d 1314 · Court of Appeals for the Eleventh Circuit · Jan 17, 1983

THE INJUNCTION Having established that jurisdiction exists, we turn to the merits of this case, the issuance of an injunction. … This court has clearly stated that an “action may be proved simultaneously in state and federal court and the federal court cannot enjoin the state even if the federal suit was filed first.” Carter v.

Tamiami Partners, Ltd. Ex Rel. Tamiami Development Corp. v. Miccosukee Tribe of Indians

177 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Jun 7, 1999

Turning to the issue of sovereign immunity, the court concluded that Tamiami's claims against the Tribe and its Business Council and Gaming Agency were barred because the Tribe had not clearly waived its immunity and Congress … subject matter jurisdiction before addressing issue that qualified for interlocutory appeal under collateral order doctrine). The issue of sovereign immunity is also properly before us.

Jim E. Chandler v. James Crosby

379 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Aug 6, 2004

The Eighth Circuit reversed the district court’s denial of qualified immunity to the prison officials. Id. … The district court determined that the jailer was entitled to qualified immunity and granted him summary judgment. Id. at 1064. We reversed. Id. at 1066.

Danner Construction Co., Inc. v. Hillsborough Cty.

Court of Appeals for the Eleventh Circuit · Jun 9, 2010

In Parker, the Supreme Court established a general immunity from antitrust liability for state governmental actors acting pursuant to state law, a concept now often denominated “Parker immunity” or “state action immunity … These sections do clearly establish the county’s authority to regulate rates charged by these “facilities,” but nowhere do they speak of the county’s obligation to set rates for those who collect and take the waste to

Ass'n for Disabled Americans, Inc. v. Florida International University

405 F.3d 954 · Court of Appeals for the Eleventh Circuit · Apr 6, 2005

Eleventh Amendment Immunity as applied to a Public Education Institution Title II of the ADA prescribes that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation … In order to establish whether Congress’s enactment of Title II of the ADA satisfies the Boerne “congruence and proportionality” requirements in the context of a public education institution, we follow a three-step analysis

Crum v. State of Alabama

198 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Dec 29, 1999

for the job or job benefit at issue; by "qualified applicant pool" we mean the pool from which potential qualified applicants might come. … We are unable to reconsider Fitzpatrick since the Supreme Court has clearly held that "if a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions

David Dwayne Cassady v. Steven D. Hall

892 F.3d 1150 · Court of Appeals for the Eleventh Circuit · Jun 15, 2018

Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingly affirm the District Court’s denial of the motion. I. … Bliss, 903 F.2d 1373, 1379 (11th Cir. 1990) (per curiam) (“Evidence that a state has waived sovereign immunity in its own courts is not by itself sufficient to establish waiver of Eleventh Amendment immunity from suit

Joe Marsh v. Butler County, Alabama

225 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Sep 7, 2000

Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions in a manner that violates "no clearly established statutory or constitutional rights of which a … "Defendants are entitled to qualified immunity in a Rule 12(b)(6) motion to dismiss only if the complaint fails to allege facts that would show a violation of a clearly established constitutional right." Kyle K. v.

Nguyen v. United States

556 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Oct 21, 2008

Our qualified immunity decisions about discretionary function are instructive. … The first question in determining whether qualified immunity protects a government official or officer from suit is whether his allegedly wrongful action was “within the scope of his discretionary authority.”

Norris v. Lehman

845 F.2d 283 · Court of Appeals for the Eleventh Circuit · May 17, 1988

On June 26, 1986, the district court granted the motion on sovereign immunity grounds as to all defendants except as to Captain Lewis, in his individual capacity. 10 Captain Lewis, the sole remaining defendant, renewed his … immunity because this right was not clearly established at the time he revoked Norris's CNET certification.