Case law

Hinson v. DeKalb County

192 F.3d 1342 · Court of Appeals for the Eleventh Circuit · Oct 20, 1999

McKnight, 117 S.Ct. 2100 (1997), the Supreme Court looked at the history and purposes of qualified immunity and determined that they did not support the extension of qualified immunity to prison guards who were 2 … In addition to the lack of historical support for immunity, the public policy reasons for qualified immunity do not justify the extension of qualified immunity in this case.

Merrett v. Moore

58 F.3d 1547 · Court of Appeals for the Eleventh Circuit · Jul 25, 1995

In a later order, the court granted defendants Butter-worth and Dempsey qualified immunity on the grounds that, at the time of the roadblocks, it was not clearly established that the operation violated plaintiffs’ constitutional … And, because the operation violated no clearly established law, Dempsey and Butterworth are entitled to qualified immunity in their individual capacities. Lassiter v.

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

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.

In re: Courtney Wild

994 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Apr 15, 2021

immunity because he did not violate a First Amendment right that was clearly established); Dukes v. … Indeed, for years in qualified immunity cases, the Supreme Court required lower courts to decide the constitutional question and stop avoiding it because otherwise the law would never be clearly established.

Aurelia Davis, as Next Friend of Lashonda D. v. Monroe County Board of Education

120 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Aug 21, 1997

They do not enjoy judicial immunity. Even so, the opinion says, there is qualified immunity. … First, qualified immunity is not absolute. Second, *1410 qualified immunity does not shield officials from liability grounded on state law.

Dykes v. Hosemann

776 F.2d 942 · Court of Appeals for the Eleventh Circuit · Nov 18, 1985

Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), the Court established a two-part test for determining whether a judge enjoys absolute immunity from money damages under section 1983. … Barker, 77 Eng.Rep. 1305 (Star Chamber 1607), ushered in the modern era of judicial immunity by establishing the immunity of judges of courts of record, thereby preserving the independence of those courts from review by the

Walters v. City of Atlanta

803 F.2d 1135 · Court of Appeals for the Eleventh Circuit · Nov 10, 1986

Ability to prepare exhibits and plan programs for the general public; ability to speak and write clearly and concisely; ability to establish and maintain effective working relationships with others. … Hiring of David Palmer The position was reannounced on July 22, 1982 and a new register was established on September 12,1982. Walters again applied and again was rated “well qualified.”

Vernon Madison v. Commissioner, Alabama Department of Corrections

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

After strikes for cause, there were thirteen qualified black jurors.4 The prosecutor then used six of his eighteen peremptory strikes on the qualified black jurors. … Madison argues that the Court of Criminal Appeals unreasonably applied clearly established federal law because the court used the wrong standard for establishing a prima facie case when it required Madison to establish

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

Hercaire International, Inc., a Florida Corporation, Cross-Appellant v. Argentina, a Foreign Nation, Cross-Appellee. Hercaire International, Inc., a Florida Corporation v. Aerolineas Argentinas, Argentina, a Foreign Nation

821 F.2d 559 · Court of Appeals for the Eleventh Circuit · Jul 14, 1987

Factual Background 7 In 1981, Hercaire International became a qualified supplier to the Air Attache of the Argentine Embassy in Washington, D.C. … Under the framework established by Congress, the FSIA grants foreign states immunity from suit and from execution in U.S. courts, subject to certain specified exceptions. 28 U.S.C.

Asociacion De Empleados Del Area Canalera v. Panama Canal Commission

453 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Jun 28, 2006

A statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text; “the ‘unequivocal expression’ of elimination of sovereign immunity that we insist upon is an expression … Indeed, since Congress clearly transferred “any outstanding liabilities” of the PCC to the GSA, it makes sense that if Congress had already waived sovereign immunity for the PCC for these types of claims there did not

Municipal Utilities Board Of Albertville v. Alabama Power Company

21 F.3d 384 · Court of Appeals for the Eleventh Circuit · May 23, 1994

We concluded that the Acts challenged here satisfied the first prong of the Midcal test because "[t]he Alabama legislature has clearly articulated a policy to displace competition in the retail electric market" in order " … Ronwin, 466 U.S. 558, 574 , 104 S.Ct. 1989, 1998 , 80 L.Ed.2d 590 (1984) (noting that state need not act "wisely" to be immune). 23 We therefore hold that the private agreements in question in this case qualify for state

Shotz v. City of Plantation, FL

344 F.3d 1161 · Court of Appeals for the Eleventh Circuit · Sep 8, 2003

Murray, 57 F.3d 1340, 1343 (4th Cir. 1995) (concluding that the qualified immunity defense is available for violations of the ADA). … Dollar, 841 F.2d 1558, 1563 (11th Cir. 1988) (“‘Qualified or ‘good faith’ immunity is an affirmative defense that must be pleaded by the defendant [government] official.’”) (quoting Harlow v.

Cook v. Randolph County, Ga.

573 F.3d 1143 · Court of Appeals for the Eleventh Circuit · Jul 7, 2009

Insofar as damages were sought from the individual defendants, the district 10 court concluded that they were entitled to qualified immunity. … Because Cook had failed to show that he was deprived of any substantive right, the court held that the individual defendants were entitled to qualified immunity on the claims against them.

Edwin Lees Shaw, as Personal Representative of the Estate of Gary Scott Shaw, Deceased v. Grumman Aerospace Corporation

778 F.2d 736 · Court of Appeals for the Eleventh Circuit · Dec 19, 1985

None of these findings is clearly erroneous. … We cannot conclude that this finding was clearly erroneous.

Montgomery Blair Sibley v. Maxine Cohen Lando

437 F.3d 1067 · Court of Appeals for the Eleventh Circuit · Nov 29, 2005

Thus, as in the federal system, judges are immune from suit for judicial acts “unless they clearly act without jurisdiction.” Johnson v. Harris, 645 So. 2d 96, 98 (Fla. Dist. Ct. App. 1994); see also Berry v. … We have held that, “[i]n order to receive declaratory or injunctive relief, plaintiffs must establish that there was a violation, that there is a serious risk of 11 continuing

Sandoval v. Hagan

197 F.3d 484 · Court of Appeals for the Eleventh Circuit · Nov 30, 1999

The Department did not object, and on October 17, 1997, the district court certified the class, naming Sandoval as the representative of the class of "all legal residents of the State of Alabama who are otherwise qualified … This doctrinal exception to state sovereign immunity is well-established. See Idaho v.

Matthew Hamilton, by and Through Lovelurn Hamilton, His Next Friend, Lovelurn Hamilton, Administratrix of the Estate of Kim Orlena Hamilton, Una Hamilton v. Charles Cannon, in His Official Capacity as Sheriff of MacOn County, Georgia, Ronald Duncan, MacOn Co., Ga, a Political Subdivision of the State of Georgia, Michael Tookes, the MacOn County Sheriff's Department, the MacOn County/city of Montezuma, Georgia, Department of Parks and Recreation, the City of Montezuma, Georgia, Police Department, Freddy Mallard, Logan Walton, Xyz Pool Management Company, the City of Montezuma, Lonnie Brown, Matthew Hamilton, by and Through Lovelurn Hamilton, His Next Friend, Lovelurn Hamilton, Administratrix of the Estate of Kim Orlena Hamilton, Una Hamilton v. Charles Cannon, in His Official Capacity as Sheriff of MacOn County, Georgia, Ronald Duncan, MacOn Co., Ga, a Political Subdivision of the State of Georgia, City of Montezuma, and Lonnie Brown, the MacOn County Sheriff's Department

114 F.3d 172 · Court of Appeals for the Eleventh Circuit · Jun 5, 1997

The court also granted Lonnie Brown summary judgment on the section 1983 claims, in his individual capacity, on the ground of qualified immunity. Id. … However, the court denied Tookes' and Duncan's motions for summary judgment on the section 1983 claims, in their individual capacities, holding that they were not entitled to qualified immunity.