Case law

Chester L. Lambert, III v. Fulton County

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

Qualified Immunity 18  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.

Federal Trade Commission v. Hospital Board of Directors of Lee County

38 F.3d 1184 · Court of Appeals for the Eleventh Circuit · Nov 30, 1994

Sec. 66.069(2)(c) (1981-1982)). 24 The Court acknowledged that Parker immunity applies to a city's anticompetitive behavior sanctioned by a clearly expressed state policy but sought to determine just how clearly expressed … Clearly, anticompetitive conduct was reasonably anticipated. IV.

Macuba v. County of Charlotte, FL

Court of Appeals for the Eleventh Circuit · Oct 29, 1999

immunity. … did not violate a clearly established principle of First Amendment law).

Jerry Sanderlin v. Seminole Tribe of Florida

Court of Appeals for the Eleventh Circuit · Mar 8, 2001

These documents, according to Sanderlin, were relevant to establishing jurisdiction. … ."); Seminole Tribe, 181 F.3d at 1241 ("A suit against an Indian tribe is ... barred unless the tribe clearly waived its immunity or Congress expressly abrogated that immunity by authorizing the suit."); Tamiami Partners

Maggie Bell Heathcoat, as Administratrix for the Estate of Leonard James Heathcoat, Deceased v. Karl Potts, Kenneth Rhoden, Clyde Snoddy

905 F.2d 367 · Court of Appeals for the Eleventh Circuit · Jul 9, 1990

of the decedent did not constitute proximate contributory negligence; (3) holding that the plaintiff had established that each of the defendants owed the decedent a specific legal duty that was the proximate cause of his … We do not find this conclusion to be clearly erroneous. We note that another panel in this circuit has recently ruled in Sowell v.

William E. Scarborough v. Office of Personnel Management

723 F.2d 801 · Court of Appeals for the Eleventh Circuit · Jan 23, 1984

While this waiver of sovereign immunity clearly applies in any adverse action appeal governed by Chapter 77, see Williams, supra, 718 F.2d at 1555, a more difficult question would be whether § 7701(g) applies to appeals governed … Rather, we conclude that Congress clearly intended to waive its sovereign immunity only when an “employee or applicant for employment” brings the action, and the fact that the action concerns disability retirement benefits

Mackie L. Shivers, Jr. v. USA

1 F.4th 924 · Court of Appeals for the Eleventh Circuit · Jun 9, 2021

Further, the FTCA is not based on alleged constitutional violations, and a plaintiff cannot circumvent the limitations on constitutional tort actions under Bivens—including the qualified-immunity doctrine—by recasting the … established Eighth Amendment rights.8 Fifth and finally, we recognize Shivers cites dicta in Denson v.

Mid-South Holding Company, Inc. v. United States

225 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Sep 14, 2000

Any act, therefore, regardless of the administrative level at which it is authorized or taken, qualifies as “discretionary” provided it satisfies the Gaubert analysis. … Accordingly, we conclude that the allegedly negligent act, regardless of its impetus, qualifies as a discretionary function within the scope of the exception. 8 III.

Macuba v. County of Charlotte, FL

Court of Appeals for the Eleventh Circuit · Oct 29, 1999

qualified immunity. … did not violate a clearly established principle of First Amendment law).

In Re: Grand Jury Subpoena Duces Tecum Dated March 25, 2011, USA v. John Doe

670 F.3d 1335 · Court of Appeals for the Eleventh Circuit · Feb 23, 2012

Doe contended that the establishment of point (2) would constitute the derivative use of his immunized grand jury testimony. … statute, 18 U.S.C. § 6002, clearly immunizes both the use of the testimony itself and any information derived from the testimony.

United States v. Thomas E. Byrd

765 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Jul 23, 1985

of showing that their evidence is not tainted by establishing that they had an independent, legitimate source for the disputed evidence.’ … However, if a review of the actual transcripts establishes that Coleman accurately described the testimony of witnesses at the first grand jury proceeding without prejudicial distortion, then clearly the government has satisfied

Aquamar S.A. v. Del Monte Fresh Produce N.A., Inc.

179 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Jun 30, 1999

was "similarly qualified."12 These qualifications meant that "[n]o representative of the Republic of Ecuador ha[d] ever purported to waive the immunity of the Republic with respect to the third, fourth and fifth-party … WAIVER OF SOVEREIGN IMMUNITY Having established our jurisdiction, we proceed to the merits of the appeal.

Jerry Sanderlin v. Seminole Tribe of Florida

Court of Appeals for the Eleventh Circuit · Mar 8, 2001

These documents, according to Sanderlin, were relevant to establishing jurisdiction. … is . . . barred unless the tribe clearly waived its immunity or Congress expressly abrogated that immunity by authorizing the suit.”); Tamiami Partners, Ltd. v.

Gaye Jackson v. Georgia Department Of Transportation

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

They should consider establishing a means by which the record would clearly reflect whether the case was brought against a defendant in an individual or official capacity. … An official in a personal-capacity suit may have available certain personal immunity defenses in such an action, such as qualified immunity. Harlow v.

William Martin v. Mauricio Duran

Court of Appeals for the Eleventh Circuit · Jun 12, 2026

He contends that he did not violate clearly established law by stop- ping the Martins and, as a result, is entitled to qualified immunity. … immunity” because “[t]he violative na- ture of her particular conduct was not clearly established.”

Maria Montefu Acosta v. Miami-Dade County

97 F.4th 1233 · Court of Appeals for the Eleventh Circuit · Mar 28, 2024

A reviewing court may consider the merits and clearly-established prongs in either order, and “an official is entitled to qualified immunity if the plaintiff fails to establish either.” Pi- azza v. … The controlling question, therefore, is whether it was clearly established in February 2014 that a police officer is prohibited from using force against a non-resisting suspect. It was.

State of Alabama v. PCI Gaming Authority

801 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Sep 3, 2015

A suit against a tribe is “barred unless the tribe clearly waived its immunity or Congress expressly abrogated that immunity by authorizing the suit.” Id. … Under the legal fiction established in Ex Parte Young, when a state official violates federal law, he is stripped of his official or representative character and no longer immune from suit. Id. at 159-60.

United States v. Alabama Department of Mental Health & Mental Retardation

673 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Mar 16, 2012

ADMH attempts to evade established precedent that sovereign immunity does not apply by arguing that this lawsuit is essentially a private suit, which is subject to sovereign immunity. … The record clearly establishes that ADMH employed Hamilton for over sixteen years.

Calzadilla v. Banco Latino Internacional

413 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Jun 21, 2005

Calzadilla concedes, and the record clearly reflects, that his claim was not premised on the commercial activity exception. … The Siderman case is clearly distinguishable from this action. 8

King v. Cessna Aircraft Co.

562 F.3d 1374 · Court of Appeals for the Eleventh Circuit · Mar 27, 2009

City of Fort Lauderdale, 145 F.3d 1278, 1281 n.3 (11th Cir. 1998) (“Because we may resolve the qualified immunity issue in this case without reaching the merits of appellants’ challenge to . . . … Bd. of Educ. of Atlanta, 105 F.3d 591, 595 (11th Cir. 1997) (declining pendent appellate jurisdiction because the qualified immunity issue could be resolved “without reaching the merits of the remaining questions” raised