Case law

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.

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

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.

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

Ortega v. Schramm

922 F.2d 684 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

as qualified immunity from personal liability. … The district court then entered judgment notwithstanding the verdict in favor of Defendant Schramm for personal liability under the doctrine of qualified immunity.

Terry Joyner v. City of Atlanta

Court of Appeals for the Eleventh Circuit · Mar 25, 2026

We’re free to address “the merits and clearly-established prongs in either order, and an official is entitled to qualified immunity if the plaintiff fails to establish either.” Id. … rogatories to the jury to resolve disputed facts [relevant to] . . . the qualified- immunity question.”

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

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.

Coastal Petroleum Company, a Florida Corporation, and the United States Army Corps of Engineers, the State of Florida Department of Natural Resources and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. U.S.S. Agri-Chemicals, a Division of United States Steel Corporation, a Delaware Corporation Authorized to Do Business in Florida, Defendant- Coastal Petroleum Company and the State of Florida Department of Natural Resources and the Board of Trustees of the Internal Improvement Fund of the State of Florida v. International Minerals & Chemical Corporation, Coastal Petroleum Company, a Florida Corporation, the State of Florida, Department of Natural Resources, Etc., Involuntary v. W.R. Grace & Company, Coastal Petroleum Company, a Florida Corporation, the State of Florida, Department of Natural Resources, Involuntary v. Swift Agricultural Chemicals Corp., a Delaware Corporation, Authorized to Do Business in Florida, Now Estech General Chemicals Corporation

695 F.2d 1314 · Court of Appeals for the Eleventh Circuit · Jan 17, 1983

THE INJUNCTION 13 Having established that jurisdiction exists, we turn to the merits of this case, the issuance of an injunction. … This court has clearly stated that an "action may be proved simultaneously in state and federal court and the federal court cannot enjoin the state even if the federal suit was filed first." Carter v.

Billy W. Duke v. Fob James, Governor of the State of Alabama Charles Graddick, Attorney General of the State of Alabama

713 F.2d 1506 · Court of Appeals for the Eleventh Circuit · Sep 9, 1983

Section 5 merely provides that a person shall be qualified, not that a license shall be issued to all qualified applicants. Thus, section 5 and section 16 are not inconsistent. … Thus, a potential conflict with the federal constitution under the fourteenth amendment is established.

Langston Austin v. Glynn County, Georgia

Court of Appeals for the Eleventh Circuit · Sep 14, 2023

Our prece- dent holds that a sheriff acting in his individual capacity has “no control over [the plaintiff’s] employment and does not qualify as [the plaintiff’s] employer.” … App’x 575, 578–79 (11th Cir. 2012), one that we expressly rejected in Pellitteri, 776 F.3d at 782 (“In Keene, we found that th[e third] factor weighed against immunity because the County is clearly

Wascura v. City of South Miami

169 F.3d 683 · Court of Appeals for the Eleventh Circuit · Mar 9, 1999

of federal law at all, clearly established or not. … Where that is the case, the qualified immunity issue is thereby resolved or mooted.

Nicolas A. Manzini v. The Florida Bar

511 F. App'x 978 · Court of Appeals for the Eleventh Circuit · Mar 11, 2013

The doctrine of qualified immunity provides “complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of … ) at the time of the violation, the constitutional right was clearly established.

Trooper Donna Jane Watts v. Officer Pablo Camacho

679 F. App'x 806 · Court of Appeals for the Eleventh Circuit · Feb 8, 2017

Qualified immunity “offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … a clearly established right).

United States v. Campa

529 F.3d 980 · Court of Appeals for the Eleventh Circuit · Jun 4, 2008

Our independent review of all the applications satisfies us that the certifications were not clearly erroneous, so we need not decide whether the other defendants are United States persons or whether the clearly erroneous … Medina’s false statement clearly occurred within the scope of application note 1. Providing a false name to a magistrate at a detention hearing qualifies as obstructive conduct.

Seminole Tribe of Florida v. State of Florida, Lawton Chiles, Governor of the State of Florida, Poarch Creek Indians, Poarch Band of Creek Indians v. State of Alabama, James E. Folsom, Governor, State of Alabama

11 F.3d 1016 · Court of Appeals for the Eleventh Circuit · Jan 18, 1994

IGRA does not create an entitlement to operate gambling operations; rather, it establishes the process and standards by which gambling may be conducted on Indian lands. … Concurring with the Court's majority opinion, Justice Scalia noted that the majority's "reasoning does not preclude congressional elimination of sovereign immunity in statutory text that clearly subjects States to suit for

Essie Rollins v. State of Florida Department of Law Enforcement

868 F.2d 397 · Court of Appeals for the Eleventh Circuit · Mar 23, 1989

The district court found that Rollins established a prima facie violation of Title VII because she was a protected minority, was qualified for and applied for promotion, was rejected despite her qualifications, and other … Rollins does not contend that the district court’s findings of fact concerning her disruptive conduct are clearly erroneous. Rather, she contends that the court’s findings on the issue are irrelevant. 7 . In Bonner v.

Leo Fuller v. Georgia State Board of Pardons and Paroles

851 F.2d 1307 · Court of Appeals for the Eleventh Circuit · Oct 7, 1988

The district court granted summary judgment in favor of the defendants on the ground that Fuller had failed to establish that the defendants discriminated against him based upon race. … Thus, the statistical evidence is ambiguous at best and is “clearly insufficient to support an inference that any of the decisionmak-ers ... acted with discriminatory purpose.” McCleskey, 107 S.Ct. at 1769 . AFFIRMED. .

Aaron Coleman v. John Riccardo

41 F.4th 1319 · Court of Appeals for the Eleventh Circuit · Jul 22, 2022

It determined that “factual disputes as to the existence of probable cause” established a question of fact as to whether the officers acted with actual mal- ice. … Caldwell, 85 F.3d 1480, 1487 (11th Cir. 1996) (addressing qualified immunity and ex- plaining that where an immunity from suit is at issue, “it is imper- ative that [defendants] receive the benefits of that defense prior

Jose Guevara v. Republic of Peru

468 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Nov 1, 2006

Tate wrote in part: A study of the law of sovereign immunity reveals the existence of two conflicting concepts of sovereign immunity, each widely held and firmly established. … (emphasis added) This condition describes the extent and quality of the information that an informant must provide to qualify for the reward.