Case law

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  • Jacqueline Stevens v. U.S. Attorney General

    877 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Dec 15, 2017

    Fisher, 80 U.S. 335 , 13 Wall. 335 , 20 L.Ed. 646 (1872), which established the doctrine of absolute judicial immunity, explained that the doctrine was designed to further the public interest in an independent judiciary, … But that conclusion is based on a far narrower understanding of what acts qualify- as “truly judicial acts” and are therefore entitled to absolute judicial immunity.

    Cited 88 timesPublished
  • 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.

    Cited 43 timesPublished
  • Bobby Auton, Etc. v. Dade City, Florida, a Municipal Corporation

    783 F.2d 1009 · Court of Appeals for the Eleventh Circuit · Mar 3, 1986

    antitrust immunity expressed in Town of Hallie v. … We hold Dade City’s conduct was authorized by clearly articulated state policy.

    Cited 17 timesPublished
  • Beverly Kay Johns v. Pettibone Corporation, Frank Van Meter

    769 F.2d 724 · Court of Appeals for the Eleventh Circuit · Nov 12, 1985

    To test the merits of that defense, we accept the appellees’ own statement as to what must be shown by a government employee to establish his or her immunity: It has been settled since Barr v. … It is necessary to quote appellees’ statement as to the basis for establishing *728 immunity because, although repeating it several times, they also contend that all that need be shown for the privilege to be available is

    Cited 13 timesPublished
  • CSX Transportation, Inc., National Raliroad Passenger Corp. v. The City of Garden City, Arco, Inc.

    325 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Mar 27, 2003

    Nevertheless, the doctrine of sovereign immunity and its permissible waiver is clearly implicated in this case. … “[t]he establishment and maintenance of a sewerage system,” see City of Douglas v.

    Cited 12 timesPublished
  • Joshua M. Hubbert v. Kenny Brinley

    Court of Appeals for the Eleventh Circuit · Sep 3, 2026

    Katz, 533 U.S. 194, 206 (2001), and he is entitled to qualified immunity. … Accordingly, Brinley is enti- tled to qualified immunity.

    Cited 0 timesUnpublished
  • Florida Wildlife Federation Inc. v. United States Army Corps of Engineers

    859 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Jun 19, 2017

    The 2008 LORS establishes three broad management bands: the High Lake Management Band, the Operational Band, and the Water Shortage Management Band. … foreign sovereign immunity.

    Cited 47 timesPublished
  • Madeline Louise Hockett and Lowry Hockett v. United States

    730 F.2d 709 · Court of Appeals for the Eleventh Circuit · Apr 23, 1984

    . § 1346 (b) (1976), and the National Swine Flu Immunization Program of 1976, 42 U.S.C. § 247b (1976), alleging that she acquired GBS as a result of the vaccination. … Eylar’s P2 testimony establishing a causal link and then at the government’s rebuttal case.

    Cited 5 timesPublished
  • Rodgers v. Singletary

    142 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jun 2, 1998

    Jenkins, however, was a qualified immunity case. The footnote that Rodgers 1 515 U.S. 472, 484, 115 S. … R. 36-1. 2 cites merely expresses the well-established proposition that in considering a qualified immunity defense, a reviewing court should refer to the law as it existed

    Cited 0 timesPublished
  • Anthony Davila v. Sheriff Logan Marshall

    649 F. App'x 977 · Court of Appeals for the Eleventh Circuit · May 20, 2016

    The district court did not err in concluding that Marshall and Durden were entitled to qualified immunity. … “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

    Cited 11 timesUnpublished
  • Nu-Air Manufacturing Company v. Frank B. Hall & Co. Of New York

    822 F.2d 987 · Court of Appeals for the Eleventh Circuit · Aug 31, 1987

    Immunity is not favored when a government agency enters the commercial sphere: 39 [W]hen Congress establishes such an agency, authorizes it to engage in commercial and business transactions with the public, and permits it … FCIA was established in 1961 at the encouragement of the United States Export-Import Bank. See generally Lovell Mfg. v.

    Cited 14 timesPublished
  • 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.

    Cited 25 timesPublished
  • Reginald L. Gundy v. City of Jacksonville, Florida

    50 F.4th 60 · Court of Appeals for the Eleventh Circuit · Sep 30, 2022

    Bowman entitled to qualified immunity. In conducting its qualified immunity analysis, the district court found that “Mr. Bowman was undoubtedly acting in his official capacity when the alleged conduct took place.” … Bowman entitled to qualified immunity and dismissing the federal claims against Mr. Bowman. Second, Mr.

    Cited 13 timesPublished
  • Grech v. Clayton County, GA

    335 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Jul 7, 2003

    Nor has it been established, or even claimed, in the present case that the sheriffs sovereign immunity has been waived as it relates to his general law enforcement function or his office’s involvement in the CJIS systems … After discussing whether Sheriff Barrett in her individual capacity was entitled to qualified immunity, this Court did not address whether the County or the Sheriff in her official capacity were liable under § 1983 "[bjecause

    Cited 396 timesPublished
  • Tittle v. Jefferson County Commission

    966 F.2d 606 · Court of Appeals for the Eleventh Circuit · Jul 14, 1992

    Qualified Immunity 15 Although the defendants raised the issue of qualified immunity in their amended motion for summary judgment, the district court did not consider that ground in granting their motion. … Therefore, neither Jefferson County, nor the Jefferson County Commission, nor the individual commissioners acting in their official capacities, have qualified immunity. 18 C.

    Cited 0 timesPublished
  • Stevens Technical Services, Inc. v. United States

    913 F.2d 1521 · Court of Appeals for the Eleventh Circuit · Oct 10, 1990

    In the Supreme Court the government argued that, “with respect to the amount paid [the employee] the established admiralty rule has been qualified by § 7(b) of the Federal Employees Compensation Act,” which provides that … In none of them is the exclusion based on sovereign immunity.

    Cited 13 timesPublished
  • Adam Sindell v. Latonya Coach

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

    Sindell argues that the deputies are not entitled to qualified immunity because clearly established law put Cleckner on notice that he used excessive force to restrain Sindell. … An officer claiming the protection of qualified immunity “must initially establish that he was acting within his discretionary authority.” Skop v.

    Cited 0 timesUnpublished
  • Michael King v. Anthony Lumpkin

    545 F. App'x 799 · Court of Appeals for the Eleventh Circuit · Oct 16, 2013

    Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities, unless their conduct violates “clearly established statutory or constitutional rights of … To do so, the plaintiff must demonstrate: one, that the facts viewed in the light most favorable to the plaintiff establish a constitutional violation by the officers, and, two, that it was clearly established at the time

    Cited 4 timesUnpublished
  • Donald E. Hershey v. City of Clearwater, a Municipal Corporation, Tami Jo Swain

    834 F.2d 937 · Court of Appeals for the Eleventh Circuit · Dec 21, 1987

    Appellant bases his arguments against constitutionality and against qualified immunity for the arresting officer in large part on three decisions: State v. Penley, 276 So.2d 180 (Fla.App. 2 Dist.) … Thus, even if we held the Clearwater ordinance to be unconstitutional, we would hold that Officer Swain’s conduct in arresting appellant Hershey for violation of that ordinance did not violate "clearly established statutory

    Cited 29 timesPublished

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