Case law

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.

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

Kary Jarvis v. City of Daytona Beach

Court of Appeals for the Eleventh Circuit · Feb 6, 2026

denying qualified immunity. … The Officers argue that there was neither a constitutional violation nor a clearly established right, so they were entitled to qualified immunity.

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

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.

Smith v. Avino

91 F.3d 105 · Court of Appeals for the Eleventh Circuit · Aug 12, 1996

Police action was clearly required. … Those findings are protected here by the clearly erroneous standard of review.

In Re Grand Jury Subpoena Duces Tecum

670 F.3d 1335 · Court of Appeals for the Eleventh Circuit · Feb 23, 2012

Doe contended that the establishment of point (2) would constitute the derivative use of his immunized grand jury testimony. … statute, 18 U.S.C. § 6002, clearly immunizes both the use of the testimony itself and any information derived from the testimony.

Barbara U. Uberoi v. Supreme Court of Florida

819 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Apr 18, 2016

That request indicates that her lawsuit “is clearly a challenge to a state court judicial proceeding resulting in the denial of [her] . . . application.” See Berman, 794 F.2d at 1530. … Contrary to her argument, the exception to sovereign immunity established in Ex Parte Young, 209 U.S. 123, 28 S.

Lillie R. Battle v. Board of Regents of GA

468 F.3d 755 · Court of Appeals for the Eleventh Circuit · Oct 25, 2006

. §§ 3729 et seq.3 The district court concluded that Defendants were entitled to qualified immunity on Plaintiff’s First Amendment claim because the motivation for Plaintiff’s speech was unclear and preexisting case law … immunity. 12 31 U.S.C. § 3730(e)(4)(A).

Juan Antonio Moreno v. George N. Turner

572 F. App'x 852 · Court of Appeals for the Eleventh Circuit · Jul 22, 2014

“Qualified immunity offers complete protection for individual government officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … “To overcome qualified immunity, the plaintiff must satisfy a two prong test; he must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged

Wideman v. Shallowford Community Hospital, Inc.

826 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Sep 8, 1987

To sustain a cause of action based on section 1983, the Widemans must establish two elements: (1) that they suffered a deprivation of “rights, privileges or immunities secured by the Constitution and laws” of the United States … Similarly, the defendants’ arguments relate to whether the plaintiffs’ evidence is sufficient to establish such a policy, and, if so, whether the individual defendants can avail themselves of a qualified immunity defense.

Lapides v. Board of Regents of the University System of Georgia

251 F.3d 1372 · Court of Appeals for the Eleventh Circuit · May 24, 2001

In bankruptcy proceedings such as this, it is well established that he who invokes the jurisdiction of the bankruptcy court must abide by the consequences of that action. Id. at 1319. … We clearly held that a state official must have the authority to waive the State’s immunity under the Constitution, statutes, or decisions of the State.

All Does (1-144) v. Conrad & Scherer, LLP

Court of Appeals for the Eleventh Circuit · Aug 26, 2026

To disburse the settlement money—and Wolf’s attorney’s fees—the district court established a qualified settlement fund. 1 Under Florida law, a charging lien is “an equitable right to have costs and … Accordingly, our collateral-order caselaw permits interloc- utory appeals of “non-final denials” of “qualified immunity, abso- lute immunity, and Eleventh Amendment immunity.”

United States v. Dennis L. Taxacher

902 F.2d 867 · Court of Appeals for the Eleventh Circuit · Jun 4, 1990

We conclude that the district court was not clearly erroneous in finding that Taxacher was not entitled to a reduction of his offense level. … In Malley , the Supreme Court applied the Leon standard of objective reasonableness in determining the degree of qualified immunity accorded a defendant police officer in a damages action under 42 U.S.C. § 1983 . 475 U.S.

Bendiburg v. Dempsey

909 F.2d 463 · Court of Appeals for the Eleventh Circuit · Aug 20, 1990

The doctrine of qualified immunity acts as a shield to protect state actors from civil liability unless the official is plainly incompetent, knowingly violates the law, Malley v. … Brigg, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986), or by his conduct violates clearly established statutes or constitutional rights of which a reasonable person should have known. Harlowe v.

Roach v. M/V Aqua Grace

857 F.2d 1575 · Court of Appeals for the Eleventh Circuit · Oct 26, 1988

Hellas possessed a distinct persona, independent of its status as vessel owner, under clearly identifiable legal standards. … Tsarnas by another commercial diving outfit as being equipped and qualified to undertake the hull scraping.

Wilson Ex Rel. Estate of Wilson v. Miller

650 F. App'x 676 · Court of Appeals for the Eleventh Circuit · May 24, 2016

Ct. at 1775-76 (overruling the denial of qualified immunity and explaining that “[q]ualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches … or statutory right is insufficient to defeat qualified immunity because “[i]f the test of ‘clearly established law’ were to be applied at this level of generality, . . .

FL Dept. of Revenue v. Gregg Takafumi Omine

485 F.3d 1305 · Court of Appeals for the Eleventh Circuit · May 11, 2007

Any error as to a finding of fact is reviewed using a clearly erroneous standard. Id. B. … for Congress to believe that Supreme Court precedent “suggested” that Congress make its intent to waive the States’ sovereign immunity “unmistakenly clear,” and establish the statutory abrogation framework that is the current

Tamiami Partners v. Miccosukee

177 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Jun 7, 1999

12 clearly waived its immunity and Congress had not abrogated it. … It agreed with the district court’s conclusion that Tamiami’s first claim was barred by the Tribe’s sovereign immunity, which Congress had not abrogated and the Tribe had not clearly waived.

In Re: Gary Burke, Pamela Burke, Debtors. State of Georgia Department of Revenue v. Gary Burke Pamela Burke, in Re Raymond D. Headrick, Cynthia J. Headrick, Debtors. The State of Georgia, Department of Revenue v. Raymond D. Headrick Cynthia J. Headrick

146 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jul 22, 1998

However, there are certain well-established exceptions to Eleventh Amendment immunity. First, a state may waive its Eleventh Amendment immunity and consent to suit in federal court. See Atascadero State Hosp. v. … in the Georgia Constitution. 9 Subsection (f) of article I, section 2, paragraph 9 of the Georgia Constitution clearly provides that the constitution's limited waiver of sovereign immunity does not include the State's Eleventh