Case law

Cross v. Alabama, State Department of Mental Health & Mental Retardation

49 F.3d 1490 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

Horsley contends that he is entitled to qualified immunity. … Horsley is immune from appellees’ section 1983 lawsmt unless Ms actions violated clearly established law. Mitchell, 472 U.S. at 530 , 105 S.Ct. at 2817-18 .

Key West Harbour Development Corp. v. City of Key West

987 F.2d 723 · Court of Appeals for the Eleventh Circuit · Apr 2, 1993

Lastly, the appellees contend that the individual appellees have absolute legislative immunity because they acted in a legislative capacity; in the alternative, they have qualified immunity because in February, 1986, it was … not clearly established that the appellant had a constitutionally protected property interest; thus, no reasonable official would have known that the adoption of Resolution 86-58 would violate any constitutional right of

Francisco J. Rivera v. Stephen A. Leal

359 F.3d 1350 · Court of Appeals for the Eleventh Circuit · Feb 11, 2004

Second, there is no indication that Leal was trying to establish probable cause to arrest Appellant. In fact, the purpose of the hearing was to establish whether Rivera #2 was innocent. … Qualifying prosecutorial immunity here would undercut the broader public interest by potentially constraining “the vigorous and fearless performance of the prosecutor’s duty” upon which the system relies.

Herman Corn, Cross-Appellee v. City of Lauderdale Lakes, Cross-Appellant

997 F.2d 1369 · Court of Appeals for the Eleventh Circuit · Aug 13, 1993

Before he can reach the merits of the just compensation claim against the City Council members, as distinguished from the City, Corn still has another substantial burden to overcome: the doctrine of qualified immunity. … In order to overcome the City Council members’ qualified immunity defense, Corn will have to carry the burden of proving that their denial of his site plan violated federal law that was clearly established when that action

Rafeh-Rafie Ardestani v. United States Department of Justice, Immigration and Naturalization Service

904 F.2d 1505 · Court of Appeals for the Eleventh Circuit · Jul 6, 1990

Significantly, cation contains the following notice: NOTE: YOU MAY BE REPRESENTED IN THIS PROCEEDING, AT NO EXPENSE TO THE GOVERNMENT, BY AN ATTORNEY OR OTHER INDIVIDUAL AUTHORIZED AND QUALIFIED TO REPRESENT PERSONS BEFORE … Since EAJA waives sovereign immunity in allowing attorney fees against the United States, it must be construed strictly. Haitian Refugee Center v.

Ortega v. Christian

85 F.3d 1521 · Court of Appeals for the Eleventh Circuit · Jun 25, 1996

Ortega had a constitutional right to be free from detention where the circumstances and facts under Christian's consideration demonstrated that Christian clearly lacked probable cause to make an arrest. … Qualified Immunity and Ortega's Section 1983 Claims Due to the posture of the case, the district court did not discuss qualified immunity.

Zaneta (Joi) Rainey Lightfoot v. Henry County School District

771 F.3d 764 · Court of Appeals for the Eleventh Circuit · Nov 10, 2014

to counties, which are clearly not immune under the Eleventh Amendment. … In both Lesinski and Manders, we emphasized that the first two factors clearly favored finding immunity, indicating that the entities at issue were closely related to the state.

United States v. Hill

643 F.3d 807 · Court of Appeals for the Eleventh Circuit · Jun 14, 2011

Powers clearly has not made that showing. … The government responded to Rector’s supplemental motion by arguing that it was the well-established policy of the United States Attorney’s Office to grant only direct use immunity, not derivative use immunity, in proffer

Anthony L. Green v. Jackie Graham

906 F.3d 955 · Court of Appeals for the Eleventh Circuit · Oct 12, 2018

The complaint alleged that the plaintiffs' job duties qualified them as "state policemen" because they "perform[ed] the duties of ... a crime investigator." Id. § 36-27-1(23). … Art III, §§ 1 -2 (vesting "[t]he judicial Power of the United States" in "one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish," and providing that "[t]he judicial Power

United States v. Russell Burke, Terry Michael Butler, Terrance W. Chester, Joyce Greeson, William Frederick Honchell, Michael Evans, George Perez

856 F.2d 1492 · Court of Appeals for the Eleventh Circuit · Oct 7, 1988

This finding is not clearly erroneous. … These findings are not clearly erroneous.

Michael Weaver v. Madison City Board of Education

Court of Appeals for the Eleventh Circuit · Nov 4, 2014

A A Supreme Court decision abrogates one of our prior cases only if it is “clearly on point.” United States v. Lawson, 686 F.3d 1317, 1319 (11th Cir. 2012). … ] test to the facts before us does not support a finding that the [school board] has established a right to Eleventh Amendment immunity.”

Michael Leslie Lake v. Michael Skelton

840 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Nov 3, 2016

Lee, this Court, applying a four part test, held that a Georgia sheriff acts as an arm of the State and is therefore entitled to Eleventh-Amendment immunity when he establishes use-of-force policy at the county jail and trains … The Court was careful to qualify, however, that it was not resolving whether a sheriff acts on behalf of the State for all purposes vis-á-vis the county jail, and it clearly distinguished the provision of food, clothing,

Henry v. Florida Bar

701 F. App'x 878 · Court of Appeals for the Eleventh Circuit · Jul 14, 2017

Furthermore, we previously held that the Florida Bar Rules establish that officials acting in disciplinary proceedings are agents of the Florida Supreme Court; thus, they are entitled to absolute immunity. Carroll v. … An intervening decision of the Supreme Court can overrule the decision of a prior panel, but the Supreme Court decision must be clearly on point. Archer, 531 F.3d at 1352 .

United States v. Shaygan

652 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Aug 29, 2011

Our review of the good or bad faith of a prosecution under the Hyde Amendment is akin to our review of qualified immunity, which shields official acts that are objectively reasonable. … Moreover, Hall did not involve a waiver of sovereign immunity, but “the established principle that waivers of sovereign immunity are to be construed narrowly counsels our construction of the Hyde Amendment.”

Richard W. Heller v. United States

803 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Jan 2, 1987

On April 22, 1980, the Federal Air Surgeon found Heller to be qualified for a first-class airman medical certificate and therefore issued such a certificate. … protected by § 2680(a): The FAA’s implementation of a mechanism for medical certification ... is plainly a discretionary activity of the nature and quality protected by § 2680(a)____ Medical licensing authority of the FAA is clearly

Gordon v. Cochran

116 F.3d 1438 · Court of Appeals for the Eleventh Circuit · Jul 14, 1997

Insofar as Cochran was sued in his individual capacity, we affirm the grant of summary judgment based on qualified immunity. See Parrish v. … We are satisfied that this position qualifies as one in which there is a reasonable connection between job performance and shared political views.

Chester L. Lambert, III v. Fulton County

253 F.3d 588 · Court of Appeals for the Eleventh Circuit · Jun 6, 2001

Qualified Immunity We review de novo the denial of qualified immunity. See Jordan v. Doe, 38 F.3d 1559, 1563 (11th Cir.1994). … Thus, to eliminate the defense of qualified immunity, Appellees have the burden to demonstrate that the wrongful acts by Regus and Cooper violated clearly established law based upon objective standards. See id.

Lussier v. Dugger

904 F.2d 661 · Court of Appeals for the Eleventh Circuit · Jul 2, 1990

immunity under Harlow v. … Further, the qualified immunity defense may be applicable with respect to actions taken by those defendants in their individual capacities before a contagious disease was held to be a handicap covered by § 794.

James Russell Stevens v. Opal Gay

864 F.2d 113 · Court of Appeals for the Eleventh Circuit · Jan 23, 1989

The district court held Thomas not liable, and Hightower and Gay liable but insulated from recovery of damages by the doctrine of qualified immunity. … In cases where a complaint does not specify clearly whether officials were sued in their official capacity, the “course of proceedings” will “indicate the nature of the liability sought to be imposed.” Kentucky v.

Mann v. Taser International, Inc.

588 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Dec 2, 2009

Qualified immunity offers complete protection for government officials sued in their individual capacities when acting within their discretionary authority if their conduct “does not violate clearly established statutory … established.