Case law

Leon F. Harrigan v. Ernesto Rodriguez

977 F.3d 1185 · Court of Appeals for the Eleventh Circuit · Oct 13, 2020

It agreed that Harrigan had stated a claim for which relief could be granted, and that the record did not establish Rodriguez’s entitlement to qualified immunity. … We agreed that the record did not support Rodriguez’s claim to qualified immunity. Id. at 474–75.

Amber C. Maughon v. City of Covington

505 F. App'x 818 · Court of Appeals for the Eleventh Circuit · Jan 28, 2013

“As we have often observed, [q]ualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … Moreover, Maughon has failed to cite any binding authority clearly establishing, for purposes of the qualified immunity analysis, that an extra-jurisdictional arrest supported by arguable probable cause violates the Fourth

Mario Williams v. Andrew Russo

636 F. App'x 527 · Court of Appeals for the Eleventh Circuit · Jan 22, 2016

Defendants also argued that even if Williams stated a claim, they were entitled to qualified immunity because they were acting within their discretionary authority and there was no “clearly established law” that was violated … immunity, finding that they were not entitled to qualified immunity because if Russo (at the direction of the Supervisor Defendants) took and read mail addressed to Williams, he violated Williams’ clearly established

Fredrick Allen Ellis v. Pierce County, GA

415 F. App'x 215 · Court of Appeals for the Eleventh Circuit · Feb 24, 2011

immunity because Plaintiff’s rights were not clearly established at the time of Defendants’ conduct. … We conclude that Plaintiff has made no showing that the conditions of his confinement clearly violated the Constitution, and so Defendants are protected from suit by qualified immunity.

Brandon R. Carter v. Randy Gore

557 F. App'x 904 · Court of Appeals for the Eleventh Circuit · Feb 28, 2014

Qualified Immunity 6  Case: 13-11629 Date Filed: 02/28/2014 Page: 7 of 15 Gore raised a qualified immunity affirmative defense in his motion to … Qualified immunity shields government officials performing discretionary functions from § 1983 suits unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would

Pompey v. Broward County

95 F.3d 1543 · Court of Appeals for the Eleventh Circuit · Sep 26, 1996

Fink was entitled to either absolute or qualified immunity. … Fink was entitled to absolute immunity, or alternatively, qualified immunity.

Nguyen v. United States

545 F.3d 1282 · 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.”

Lisa Hill Leonard v. The Alabama State Board of Pharmacy

61 F.4th 902 · Court of Appeals for the Eleventh Circuit · Mar 2, 2023

She analogizes this situation to the world of qualified immunity jurisprudence, which generally allows state governmental officials to immediately take an interloc- utory appeal of a denial of qualified … immunity.

Dykes v. Hosemann

743 F.2d 1488 · Court of Appeals for the Eleventh Circuit · Dec 18, 1984

It is well established that judges are immune from lawsuits for damages 7 for all judicial acts not taken in the clear absence of jurisdiction. Stump v. … . 53 The standard for such qualified immunity is set out in Harlow v.

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

Michael J. Vickers v. K.R. Knapp

567 F. App'x 744 · Court of Appeals for the Eleventh Circuit · May 27, 2014

Once the defendant has established that he was acting within his discretionary authority, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id. … (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct.

Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

975 F.2d 771 · Court of Appeals for the Eleventh Circuit · Oct 5, 1992

In our prior opinion, we affirmed as not clearly erroneous the district court’s conclusion, reached after a full evidentiary hearing, that “there is [no] evidence of transactional immunity being granted to Henry Lee Dixon … More specifically, Keeney did not require a party in a habeas proceeding to establish cause and prejudice in order to establish *776 that material facts were not developed in the state court.

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.

Brian Helm v. Charles Liem

523 F. App'x 643 · Court of Appeals for the Eleventh Circuit · Jul 15, 2013

was violated and that the constitutional right was “clearly established.” … Second, he can “show that a broader, clearly established principle should control the novel facts in this situation.” Id.

Tina M. Lepone-Dempsey v. Carroll County Comm.

159 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Dec 16, 2005

immunity, we have jurisdiction over the appeal so long as it concerns issues that involve the core qualified immunity analysis, and not merely challenges to the sufficiency of the evidence on a predicate factual element … the officer’s conduct violated a constitutional right’ and ‘the right was clearly established.”

Wheeler v. City of Pleasant Grove

833 F.2d 267 · Court of Appeals for the Eleventh Circuit · Dec 1, 1987

The court based its refusal to *269 award damages on its determination that all the defendants were shielded by a qualified immunity defense. … Assuming that such damages would otherwise be proper in a case of this kind, we conclude that the district court’s finding that the plaintiffs failed to establish such damages was not clearly erroneous.

Kelley v. Secretary for the Department of Corrections

377 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Jul 23, 2004

Yet the two claims are clearly distinct, in form and in substance. … The court also found a symbiotic relationship between the two items, such that, when considered together, the items’ materiality was significantly enhanced and clearly established a Brady violation.

United States v. James Robertson

736 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Nov 12, 2013

immunity from prosecution for both murders. … Attorney’s established policy against orally entering offers of immunity, Porcelli claims that he ' never orally extended any sort of immunity deal to Robertson. .

Hufford v. Rodgers

912 F.2d 1338 · Court of Appeals for the Eleventh Circuit · Sep 25, 1990

Sheriff Rodgers, in fact, is insured through monies appropriated to him by the Gilchrist County Commission, as part of a self-insurance fund established by sheriffs of the state of Florida. … We also agree that ample evidence supported the jury’s verdict that Deputy Holt acted in good faith, in light of clearly established law and the information that he possessed at the time.