Case law

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

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.

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.

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.

Christine J. Williams v. Poarch Band of Creek Indians

839 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Oct 18, 2016

“The burden for establishing federal subject matter jurisdiction rests with the party bringing the claim.” Sweet Pea Marine Ltd. v. APJ Marine, Inc., 411 F.3d 1242, 1247 (11th Cir. 2005) (citation omitted). … term “employee” means an individual employed by an employer, except that the term “employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified

Ronald Colbert v. United States

785 F.3d 1384 · Court of Appeals for the Eleventh Circuit · May 7, 2015

The term “employee” is defined in part by the contours of the FTCA, which we acknowledge is an exception to the general rule that the United States enjoys sovereign immunity unless that immunity is expressly waived. … There is no support within Section 314, or the Navajo self-determination contract itself, for the proposition that a tribal attorney is ipso facto not qualified to perform traditional social work tasks.

Todoroy v. DCH Healthcare Authority

921 F.2d 1438 · Court of Appeals for the Eleventh Circuit · Jan 29, 1991

Id. at 40 , 105 S.Ct. at 1717 . 36 We thus examine DCH in order to determine whether it qualifies for immunity under Town of Hallie ; we conclude that it does. … DCH, as a hospital so organized, clearly qualifies as a local governmental entity.

Harris v. Thigpen

941 F.2d 1495 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

individual otherwise qualified.” … "Sexual transmission has been most common among homosexual men, although heterosexual transmission has been clearly established.” Update 1988, supra note 1, at 11.

Joseph Ex Rel. Estate of Joseph v. Gee

708 F. App'x 642 · Court of Appeals for the Eleventh Circuit · Jan 10, 2018

Joseph’s allegations as true, the second amended complaint asserted a violation of a clearly established constitutional right. … Military College, 147 F.3d 1337, 1342 (11th Cir. 1998) (affirming grant of motion to dismiss on qualified immunity grounds because the “complaint fail[ed] to allege the violation of a clearly established constitutional

Bankers Insurance v. Florida Residential Property & Casualty Joint Underwriting Ass'n

137 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Mar 26, 1998

Third, private actors benefit from state immunity only if they act pursuant to a "clearly articulated and affirmatively expressed state policy" and the state actively supervises the anticompetitive conduct. … It thus merits state-action immunity if its allegedly anticompetitive actions were pursuant to a clearly articulated state policy. The Association's actions pass this test.

Larry Camp v. Correctional Medical Services, Inc.

400 F. App'x 519 · Court of Appeals for the Eleventh Circuit · Oct 18, 2010

Ferrell and Naglich contend that they are entitled to qualified immunity on those claims. We review de novo a district court’s decision denying summary judgment on qualified immunity grounds. Montoute v. … The problem with the statement from the Walker decision is that it conflates the Pickering merits 5 issue with the clearly established law issue that governs the qualified immunity

Gary Thomas Rowe v. Carl Griffin, Etc., Hon. Jesse O. Bryan

676 F.2d 524 · Court of Appeals for the Eleventh Circuit · May 17, 1982

That determination is subject to the clearly erroneous standard and we are mindful that an appellate court should be especially reluctant to disregard a district court’s credibility choices. … Thompson Rowe is required to establish improper motivation. Wilson established a three-part test for determining whether a state criminal prosecution is improperly motivated. 593 F.2d at 1386-87 .

Mosi Tyrone Wells v. Columbus Technical College

510 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Feb 27, 2013

“Qualified immunity shields government officials sued in their individual capacity from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity when “it was not clearly established at the time [the plaintiff] was suspended that the immediate availability of an appeals process would not have adequately protected [the plaintiff’s] due process rights.”

Robin Joy Shahar v. Michael J. Bowers, Individually and in His Official Capacity as Attorney General of the State of Georgia

114 F.3d 1097 · Court of Appeals for the Eleventh Circuit · May 30, 1997

Sims addressed the question of the quantum of evidence necessary to overcome qualified immunity with a Pickering-based claim. See Sims, 972 F.2d at 1236 . … Because an individual seeking to overcome qualified immunity must show that an official has violated clearly established law, the Sims majority held that the plaintiff in that case had to *1132 make the extraordinary showing

Dennis Deppe v. Sandra Sovinski

Court of Appeals for the Eleventh Circuit · Dec 19, 2025

Once this is established, the burden shifts to the plaintiff to “show that qualified immunity should not apply.” Lewis, 561 E3d at 1291. … was “clearly established” in law at the time of the alleged misconduct.

United States v. Blue Cross & Blue Shield of Alabama, Inc.

156 F.3d 1098 · Court of Appeals for the Eleventh Circuit · Jun 26, 1998

Second, Body claims that an action brought by a qui tam relator under the False Claims Act qualifies as a 7 BCBSA raised the issue of subject matter jurisdiction in a motion for summary judgment. … We cannot ignore that Body's suit would be premised upon payments for which subsection 1395h(i)(3) provides BCBSA immunity.28 Allowing Body to circumvent that immunity by appeal to the False Claims Act would destroy the

J. Pearl Bussey-Morice v. Patrick Kennedy

657 F. App'x 909 · Court of Appeals for the Eleventh Circuit · Aug 8, 2016

Kennedy’s conduct did not violate a clearly established right. … Similarly, when an officer’s force does not violate a clearly established right, other officers’ failure to intervene does not violate a clearly established right.

Al-Amin v. Warden Hugh Smith

Court of Appeals for the Eleventh Circuit · Apr 5, 2011

The district court also found that Defendants were not entitled to qualified immunity, since clearly established law held that prison officials could 4 not open an inmate’s legal … On appeal before a prior panel of this Court, we reversed the district court’s denial of qualified immunity with respect to Al-Amin’s access-to-courts claim but affirmed the district court’s ruling of qualified immunity

Robert German v. Steven Sosa

399 F. App'x 554 · Court of Appeals for the Eleventh Circuit · Oct 12, 2010

“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 … “A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

Ross v. Clayton County, Georgia

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.