Case law

Bruce Talmadge Whitehorn v. E.L. Harrelson Mr. Green D. Foster, E. Potts, Counselors

758 F.2d 1416 · Court of Appeals for the Eleventh Circuit · Apr 25, 1985

Although the defendants are not entitled to absolute immunity, Procunier v. Navarette, 1978, 434 U.S. 555, 561-62 , 98 S.Ct. 855, 859-60 , 55 L.Ed.2d 24 , they may be entitled to a qualified “good faith” immunity. Id. … of an interest that was “clearly established at the time of their challenged conduct” and whether they acted with “ ‘malicious intention’ to deprive the plaintiff of a constitutional right or to cause him ‘other injury’ ”

Zelma Jones v. George M. Phyfer

761 F.2d 642 · Court of Appeals for the Eleventh Circuit · May 28, 1985

Because of this prior contact, she contends that it was clearly foreseeable that Brown would likely attempt to harm her. Appellant cites Swanner v. … The District Judge in that case instructed the jury, under the principle of qualified immunity, “... that Smith could not be held liable at all unless he was guilty of ‘a callous indifference or a thoughtless disregard for

McCALLUM v. CITY ATHENS, GA

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

Acknowledging that Parker immunity applies to a city's anticompetitive 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").

Croom v. Balkwill

645 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jul 7, 2011

Consequently, the defendants enjoy a qualified immunity from suit that protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … And two, was that right “clearly established”? Saucier, 533 U.S. at 201.

Alabama State Conference of the National Association for the Advancement of Colored People v. State of Alabama

949 F.3d 647 · Court of Appeals for the Eleventh Circuit · Feb 3, 2020

Instead, a court may look to the entire statute, and its amendments, to determine whether Congress clearly abrogated sovereign immunity. See Kimel v. Fla. … But the same thing could be said of many statutes in which the Supreme Court found that Congress clearly intended to abrogate immunity.

Medical Laundry Services v. Board of Trustees of the University of Alabama

906 F.2d 571 · Court of Appeals for the Eleventh Circuit · Jul 19, 1990

Appellant contends that the prior opinion of this court, 840 F.2d 840 , established the existence of a property right. … As in Stevens , the scope of the mandate on remand permitted consideration of clearly defined issues and was not ignored or exceeded by the district court.

Ricardo Devengoechea v. Bolivarian Republic of Venezuela

889 F.3d 1213 · Court of Appeals for the Eleventh Circuit · May 10, 2018

’s sovereign immunity in the absence of evidence of the ambassador’s actual authority to waive sovereign immunity. … So the Beg plaintiff could establish jurisdiction, if at all, only under the FSIA’s expropriation exception.

Timothy T. Holmes v. Officer Daniel Billings

701 F. App'x 751 · Court of Appeals for the Eleventh Circuit · Jun 28, 2017

Ferraro, 284 F.3d 1188, 1194–95 (11th Cir. 2002) (“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory … Decosta, 587 F.3d 1280, 1288 n.6 (11th Cir. 2009) (“In the qualified immunity analysis, we generally compare the acts of each defendant to analogous case law to determine whether each defendant has violated a clearly established

Young Apartments, Inc. v. Town of Jupiter, FL

529 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Jun 5, 2008

Second, the individual defendants’ Dec. 2, 2005 motion to dismiss the amended complaint was almost entirely concerned with establishing their qualified 38 immunity. … Thus, we remand to the district court to consider the claims against Lukasik and Lecky, as well as their affirmative defense of qualified immunity.

United States v. $70,670.00 in U.S. Currency

929 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Jul 8, 2019

He established Kurvas Secret by W, Inc., a Florida corporation, for that purpose. … And she has established no more than the other claimants that she would have prevailed if the action had been fully litigated, so she was not clearly prejudiced by the loss of her potential claim for attorney’s fees.

Summit Medical Associates, P.C. v. Pryor

180 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Jul 15, 1999

In Swint, the Supreme Court considered the propriety of exercising pendent appellate jurisdiction over an otherwise nonappealable issue that concerned parties different from those involved in the appealable qualified immunity … Jordan, 415 U.S. 9 Qualified immunity, like sovereign immunity, is an immunity from litigation and not just from liability. See Mitchell v.

Roach v. M/V Aqua Grace

857 F.2d 1575 · Court of Appeals for the Eleventh Circuit · Oct 26, 1988

Tsarnas by another commercial diving outfit as being equipped and qualified to undertake the hull scraping. … Because Carras Hellas has not claimed any immunity under Section 905(a), that provision is irrelevant to this appeal. . See also Lowe v.

Gray Ex Rel. Alexander v. Bostic

613 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Aug 2, 2010

. § 1983 complaint on qualified immunity grounds. Gray v. Bostic, No. 04- 12240, slip op. at 18, 22 (11th Cir. Dec. 27, 2004) (Gray I). … judgment based on qualified immunity.

Kimel v. State of FL Bd. of Regents

139 F.3d 1426 · Court of Appeals for the Eleventh Circuit · Apr 30, 1998

in statutory text that clearly subjects States to suit for monetary damages, though without explicit reference to state sovereign immunity or the Eleventh Amendment.”); Fitzpatrick v. … Whether or not Congress clearly expressed its intent, it lacks the power to abrogate the states’ immunity to suit in federal court in actions under the ADEA or the ADA.

Jody O'Neil Harrison v. Grantt Culliver

746 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Apr 2, 2014

was “clearly established” at the time the state official acted. … Because we conclude that Harrison has failed to establish that the defendants violated any of his constitutional rights, “there is no necessity for further inquiries concerning qualified immunity.” Saucier v.

Mary Quinn v. Monroe County, James L. Roberts, County Administrator, Monroe County, individually and in his official capacity

330 F.3d 1320 · Court of Appeals for the Eleventh Circuit · May 19, 2003

Denied qualified immunity for Roberts; ii. … It therefore denied Roberts the protection of qualified immunity.

Patricia G. Stroud v. Phillip McIntosh

722 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Jul 23, 2013

The district court then dismissed the § 1983 claims on the basis of qualified immunity, leaving only the state law claim against the Board of Regents. … As we have established, a state can waive its forum immunity but retain other aspects of sovereign immunity, including immunity from liability for certain claims.

Stacey Bridges v. J.C. Poe, Jr.

Court of Appeals for the Eleventh Circuit · Oct 17, 2025

We start with the district court’s qualified-immunity decision for Poe and Johnson in their individual capacities. … Thus, the only question at issue is whether Johnson’s actions and/or inactions violated the Appellants’ clearly established Eighth Amendment right.

Elisabeth Koletas v. United States

Court of Appeals for the Eleventh Circuit · Nov 12, 2025

Such searches may not require individualized suspicion and the ex- ecution of a warrant, but they still qualify as searches. … While we read Dolan and Millbrook as establishing that we should not strictly construe the law enforcement proviso in favor of the government, the government points out that our precedents mandate

Tamiami Partners, Ltd., by and Through Its General Partner, Tamiami Development Corporation v. Miccosukee Tribe of Indians of Florida Business Council of Miccosukee Tribe of Indians of Florida Miccosukee Tribal Gaming Agency Miccosukee Tribal Court, Tamiami Partners, Ltd., by and Through Its General Partner, Tamiami Development Corporation v. Miccosukee Tribe of Indians of Florida Business Council of Miccosukee Tribe of Indians of Florida Miccosukee Tribal Gaming Agency Miccosukee Tribal Court, Billy Cypress, Jasper Nelson, Jimmie Bert, Max Billie, Henry Bert, Andy Buster, Minnie Bert, Tamiami Partners, Limited v. Miccosukee Tribe of Indians of Florida, Business Council of the Miccosukee Tribe of Indians, Miccosukee Tribal Gaming Agency, Miccosukee Tribal Court, Billy Cypress, Jasper Nelson

63 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Aug 16, 1995

with a "qualified contractor" to operate the facility. … because the Tribe had not clearly waived its sovereign immunity and Congress had not abrogated such immunity from suits based on federal common law.