Case law

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.

Tec Cogeneration Inc. v. Florida Power & Light Company

76 F.3d 1560 · Court of Appeals for the Eleventh Circuit · Mar 8, 1996

Nichols, 536 So.2d 234 (Fla.1988) (standby rates for qualifying facilities); PW Ventures, Inc. v. Nichols, 533 So.2d 281 (Fla.1988) (third-party sales by qualifying facilities); Storey v. … The answer is clearly yes, as to each.

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.

WBY, Inc. v. Jeffery Rutland

695 F. App'x 486 · Court of Appeals for the Eleventh Circuit · Jun 16, 2017

Rutland argued that Schindler could not overcome the defense of qualified immunity because there was “no law clearly establishing that Defendant Rutland acted unlawfully . . . in arresting Plaintiff Schindler for disorderly … Rather, he claimed entitlement to qualified immunity because “no law clearly establish[ed] that Defendant Rutland acted unlawfully . . . in arresting Plaintiff Schindler for 10

Vincent White v. John MClain

648 F. App'x 838 · Court of Appeals for the Eleventh Circuit · Apr 19, 2016

We reverse the district court’s order denying him qualified immunity because his conduct did not violate “clearly established” law when it occurred. … White relies on our Hartsfield decision, but it does not clearly establish what White needs to defeat McLain’s defense of qualified immunity.

Federal Trade Commission v. Hospital Board of Directors

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

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 that state policy must be. … Clearly, anticompetitive conduct was reasonably anticipated. IV.

Gerald Neill Lindley v. Fredia L. Taylor

652 F. App'x 801 · Court of Appeals for the Eleventh Circuit · Jun 13, 2016

After that, the burden shifts to the plaintiff to show that the defendant is not entitled to qualified immunity because she violated a clearly established constitutional right. Holloman ex rel. Holloman v. … In this Circuit, a right can be clearly established in three ways. Terrell v. Smith, 668 F.3d 1244, 1255 (11th Cir. 2012).

United States v. Rodney Hosford

782 F.2d 936 · Court of Appeals for the Eleventh Circuit · Feb 19, 1986

The government clearly did not abuse its discretion in granting Herring a use immunity agreement whose terms were designed to inspire truthful testimony. See id. … inside information to testify indirectly by implying to the jury that he has special knowledge or insight, or (2) if he is selected as prosecutor when it is obvious he is the sole witness whose testimony is necessary to establish

Samco Global Arms, Inc. v. Carlos Arita

395 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Jan 5, 2005

be observed by the original subscribers, accepting the purchaser all the obligations derived from the contract [. . . ] From this date, while a new General Power of Attorney is granted, it is established … Arita (in his official capacity) and the Procuraduria General qualify as “foreign state[s]” within the meaning of the FSIA.

Justice v. City of Peachtree City

961 F.2d 188 · Court of Appeals for the Eleventh Circuit · May 14, 1992

Thus, the officers are entitled to qualified immunity. … established

Versiglio v. BOARD OF DENTAL EXAMINERS OF ALABAMA

651 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Aug 26, 2011

Whether an agency qualifies as an arm of the state is a federal question with a federal standard, but whether that standard is met is determined by carefully reviewing how the agency is defined by state law. … Here, while the state does not select the Board, it has established detailed guidelines for how the members are to be selected. See ALA.

Ross v. Clayton County

173 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Apr 26, 1999

The district court granted summary judgment to the individual defendants on the basis of qualified immunity, and to Clayton County because none of Ross's constitutional rights were violated. … In that order, the district court held that the individual defendants were entitled to qualified immunity on all claims.

James Eric Jones v. Edward Michael

656 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Jul 7, 2016

based on qualified immunity.” … Officer Negron violated no clearly established constitutional right; he is entitled to qualified immunity from Jones’s claim for excessive force.

Willie L. Glenn v. City of Columbus, Georgia

375 F. App'x 928 · Court of Appeals for the Eleventh Circuit · Apr 20, 2010

This is a close case, and where the officers’ actions were not clearly established to be unconstitutional, and reasonable officers could disagree, the officers are afforded qualified immunity. … REVERSED and REMANDED. 5 Officers facing supervisory liability claims are also entitled to qualified immunity unless the plaintiff proves a violation of a clearly established Constitutional right.

Megan E. Mitchell v. Harvey E. Stewart, III

608 F. App'x 730 · Court of Appeals for the Eleventh Circuit · Apr 9, 2015

The Defendants moved for summary judgment, claiming qualified immunity. The district court granted qualified immunity for the first two claims, but denied qualified immunity and official immunity for the third claim. … Under the Supreme Court’s qualified immunity standard, even if “a violation could be made out on a favorable view of the parties’ submissions,” a court must also ask whether the right at issue was “clearly established.

Salvador Magluta v. F.P. Sam Samples

256 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Jul 13, 2001

immunity. … The defendants argue that the district court correctly concluded that the complaint fails to state a claim and, alternatively, that they are entitled to qualified immunity because the rights asserted were not clearly established

Pataula Electric Membership Corporation v. Bobby Whitworth, Individually and in His Official Capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in His Official Capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Georgia Power Company, Flint Electric Membership Corporation v. Bobby Whitworth, Individually and in His Official Capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in His Official Capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Georgia Power Company

951 F.2d 1238 · Court of Appeals for the Eleventh Circuit · Mar 31, 1992

Qualified Immunity Unavailable 22 The DOC defendants claim qualified immunity. … The DOC defendants' claim of qualified immunity must therefore fail. III.

Dennis Sochor v. Secretary Department of Corrections

Court of Appeals for the Eleventh Circuit · Jun 27, 2012

PRYOR, Circuit Judge:  The main issue in this appeal concerns whether the Supreme Court of Florida unreasonably applied clearly established federal law when it explicitly refused to consider relevant mental health … established federal law.

Stephen Lillo v. Darrell A. Bruhn

413 F. App'x 161 · Court of Appeals for the Eleventh Circuit · Feb 4, 2011

Qualified immunity protects municipal officers from liability in § 1983 actions as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The record does not support a conclusion that the conduct of the officers and firefighters, who were acting within their discretionary authority, amounted to a clearly established constitutional violation.