Case law

Pamela Garrett v. Athens-Clarke County, Georgia

378 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Jul 30, 2004

Discussion Qualified immunity can protect officers “acting within the scope of [their] discretionary authority when the allegedly wrongful acts occurred.” Lee v. … Second, we ask whether, at the time of the incident, every objectively reasonable police officer would have realized the acts violated already clearly established federal law. Id.

Beatrice Thomas Solomon v. Walter Zant, Willis Marable

888 F.2d 1579 · Court of Appeals for the Eleventh Circuit · Jan 23, 1990

The magistrate further held that Marable was not entitled to the defense of qualified immunity. … In so concluding, we need not address the additional issues of qualified immunity or punitive damages. Accordingly, the judgment of the district court is reversed. REVERSED 1 .

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

Madison v. Commissioner, Alabama Department of Corrections

677 F.3d 1333 · Court of Appeals for the Eleventh Circuit · Apr 27, 2012

After strikes for cause, there were thirteen qualified black jurors. 4 The prosecutor then used six of his eighteen peremptory strikes on the qualified black jurors. … Madison argues that the Court of Criminal Appeals unreasonably applied clearly established federal law because the court used the wrong standard for establishing a prima facie case when it required Madison to establish “purposeful

Aqua Log, Inc. v. Georgia

594 F.3d 1330 · Court of Appeals for the Eleventh Circuit · Jan 28, 2010

The Court ultimately held Spain’s claim of ownership, which arose from a decree of attachment rather than any physical presence, could not qualify as possession for purposes of immunity. … None of these acts, however, is sufficient to establish actual possession.

Contour Spa at the Hard Rock, Inc. v. Seminole Tribe of Florida

692 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 30, 2012

By the time the case reached the Supreme Court, the section 1983 claim had dropped out of the suit because the individual defendants had been dismissed from the case on qualified immunity grounds and the state of Georgia … The court observed that “the waiver of sovereign immunity is clearly part of the Agreement, and is not operable except as part of that Agreement.” Id.

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.

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541 · Court of Appeals for the Eleventh Circuit · Jul 21, 1986

Thus, appellees would be immune from liability in the Sec. 1983 action unless appellants could prove that appellees' actions violated "clearly established" constitutional rights. See, e.g., Flinn v. … Buechler, 706 F.2d 844, 850-53 (8th Cir.1983) (private actors entitled to qualified immunity under Sec. 1983); Folsom Investment Co. v.

Victor Lamar Clement v. Carl Lively

708 F. App'x 585 · Court of Appeals for the Eleventh Circuit · Sep 5, 2017

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … Clement failed to show that Officer Lively was not entitled to qualified immunity because he has not demonstrated that Officer Lively’s actions were clearly unreasonable.

Brown v. Crawford County

960 F.2d 1002 · Court of Appeals for the Eleventh Circuit · May 20, 1992

These "procedures" have not been subjected to the public comment procedure established in Rule 83. … Gumbinner, 855 F.2d 783, 788 (11th Cir.1988) 13 We recognize that the thrust of Brown's argument is that absolute immunity was not pleaded in defendants-appellants' answer; they pled official and qualified immunity.

Gray ex rel. Alexander v. Bostic

625 F.3d 692 · Court of Appeals for the Eleventh Circuit · Oct 26, 2010

immunity grounds, she must further demonstrate that the defendants violated clearly established law. … Rather than being yet another opinion granting qualified immunity, Gray’s case serves as a bookend, delimiting the narrow range of clearly established unacceptable conduct for school officials.

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

Green Leaf Nursery v. E.I. DuPont De Nemours & Co.

341 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Aug 15, 2003

instant action because of the timing of the egregious conduct in question.9 Because DuPont’s alleged misconduct occurred during the Underlying Litigation and during other Benlate litigation, according to Levin, Florida law clearly … In other words, to establish a RICO fraud claim Plaintiffs must make the same showing of reasonable reliance that is required for establishing common law fraud. Pelletier, 921 F.2d at 1499; Beck v.

Tiffany Thomas v. Clayton County Bd. of Education

261 F.3d 1160 · Court of Appeals for the Eleventh Circuit · Aug 15, 2001

Qualified immunity provides complete protection for government officials sued in their individual capacities as long as “their conduct violates no ‘clearly established statutory or constitutional rights of which a reasonable … has clearly established that the conduct is impermissible.

McElligott v. Morris

182 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Aug 3, 1999

Thus, even if Foley were entitled to qualified immunity, it would be of no help to him here. Qualified immunity is a guarantee of fair warning. … Under the doctrine of qualified immunity, a government official sued for damages for injuries arising out of the performance of discretionary functions must be "shown to have violated 'clearly established statutory or constitutional

Jackson v. Georgia Department of Transportation

16 F.3d 1573 · Court of Appeals for the Eleventh Circuit · Mar 25, 1994

An official in a personal-capacity suit may have available certain personal immunity defenses in such an action, such as qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Because this is a diversity case, qualified immunity is not an issue. See Griesel v. Hamlin, 963 F.2d 338 (11th Cir.1992).

McElligott v. Morris

182 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Aug 3, 1999

Foley and nurse Wagner were entitled to qualified immunity. … Under the doctrine of qualified immunity, a government official sued for damages for injuries arising out of the performance of discretionary functions must be “shown to have violated ‘clearly established statutory or

Tracy Miller v. Ronald King

449 F.3d 1149 · Court of Appeals for the Eleventh Circuit · Sep 14, 2004

immunity. … After summarily acknowledging that Congress clearly intended to abrogate Eleventh-Amendment immunity in Title II, the Supreme Court reaffirmed the application of the Boerne “congruence and proportionality” test.

Rose Marie Reyes v. Michael Maschmeier

446 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Apr 20, 2006

Second, it held that Maschmeier was protected by qualified immunity because it was not clearly 4 established that these actions would constitute a constitutional violation such … For this reason, we do not address the district court’s conclusions that there was no excessive force, that Maschmeier was entitled to qualified immunity, and that the sheriff was not responsible for Reyes’s injury.

Harrigan v. Metro Dade Police Department Station 4

636 F. App'x 470 · Court of Appeals for the Eleventh Circuit · Dec 23, 2015

Even assuming a constitutional violation, Defendant is entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were “clearly established” at the time of the shooting. Plumhoff, 134 S. … Morton, 707 F.3d at 1282.5 In Morton, we denied qualified immunity, holding that it was clearly established by January 2010, the date of the shooting in that case, that Defendant’s conduct violated the Fourth Amendment