Case law

Jefferson County v. Acker

61 F.3d 848 · Court of Appeals for the Eleventh Circuit · Aug 21, 1995

Instead, to qualify for tax immunity, the taxed entity must “actually ‘stand in the Government’s shoes,”’ United States v. … It is well established that the Compensation Clause does not forbid the federal government from levying an income tax on federal judges. O’Malley v.

John Elmore, Jr. v. Fulton County School District

605 F. App'x 906 · Court of Appeals for the Eleventh Circuit · Apr 8, 2015

Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they violate “clearly established federal statutory or constitutional … It is undisputed that Sauce has established this fact. The burden then shifts to Elmore to demonstrate that Sauce is not entitled to qualified immunity. See id.

Jesse Daniel Buckley v. Hon. Bobby Haddock

292 F. App'x 791 · Court of Appeals for the Eleventh Circuit · Sep 9, 2008

Qualified Immunity Athough we conclude that the Constitution was not violated at all, we will also decide about immunity. … clearly established federal right.

Freeman v. Motor Convoy, Inc.

700 F.2d 1339 · Court of Appeals for the Eleventh Circuit · Mar 21, 1983

Finally, the court established procedures for the remedial phase of the case. … The situation in the case at bar, however, is clearly distinguishable.

Odyssey Marine Exploration, Inc. v. Kingdom of Spain

Court of Appeals for the Eleventh Circuit · Sep 21, 2011

The FSIA establishes two broad grants of immunity, which apply to different types of claims and are subject to different sets of exceptions. … Odyssey claims these cases 39 establish a sovereign may claim immunity in an in rem admiralty action only when the sovereign is in possession of the res.

Signature Pharmacy, Inc. v. P. Soares

448 F. App'x 917 · Court of Appeals for the Eleventh Circuit · Nov 15, 2011

The defense of qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which … In evaluating claims of qualified immunity, the Court considers whether (1) the plaintiff has alleged a violation of a statutory or constitutional right; and (2) whether the right was “clearly established” 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.

Florida Paraplegic, Ass'n v. Miccosukee Tribe of Indians of Florida

166 F.3d 1126 · Court of Appeals for the Eleventh Circuit · Feb 3, 1999

Congress therefore had notice of the need to express its intent clearly when it enacted the ADA in 1990. 13 See also White Mountain Apache Tribe v. … According to at least one court, these terms, in conjunction with the history of the RCRA, "clearly indicate[ ] congressional intent to abrogate the Tribe's sovereign immunity with respect to violations of the RCRA."

Allison Landsman v. Officer Fletcher McClellan

621 F. App'x 559 · Court of Appeals for the Eleventh Circuit · Jul 10, 2015

The doctrine of qualified immunity will protect officers engaged in discretionary functions from civil liability and from suit so long as the officers’ actions do “not violate clearly established statutory or constitutional … We next ask whether McClellan “is nonetheless entitled to qualified immunity on the ground that the law had not clearly established at the time of the incident that such force was excessive.” Lee, 284 F.3d at 1198.

Buchanan v. Anson

585 F. App'x 991 · Court of Appeals for the Eleventh Circuit · Sep 25, 2014

Marine Resources gathers information through surveying and other methods for the purpose of managing recreational fishing activities, such as establishing harvest seasons and setting quantity and size limits. … Third, they assert that Defendants were not entitled to qualified immunity on the individual-capacity claims. A. Defendants argue that we should not hear this appeal for procedural reasons.

Tug Capt. Fred v. FL Dept./Environ.

91 F.3d 1445 · Court of Appeals for the Eleventh Circuit · Aug 20, 1996

Like a public official's qualified immunity, a state's Eleventh Amendment immunity is "an entitlement not to stand trial or face the other burdens of litigation." Mitchell v. … The fact that Eleventh Amendment immunity, like qualified immunity, is a right to be free from the burdens of litigation also suggests that it should be decided at an early stage.

Christopher Bowden v. Robert Stokely

576 F. App'x 951 · Court of Appeals for the Eleventh Circuit · Aug 14, 2014

show that the defendant is not entitled to qualified immunity. … To defeat qualified immunity, a plaintiff must show both that a constitutional violation occurred and that the constitutional right violated was clearly established. Fennell, 559 F.3d at 1216.

Gerald Stephens v. Thomas Tolbert

471 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Dec 5, 2006

Stephens argues, and Tolbert and Duarte do not contest, that the State of Florida never established in Florida state court that probable cause existed to arrest Stephens for burglary or possession of proceeds from a burglary … In a motion for summary judgment, Tolbert and Duarte asserted qualified immunity as a defense and contended that probable cause or arguable probable cause existed to arrest Stephens for use of an improper vehicle license

Wheeler v. City of Pleasant Grove

896 F.2d 1347 · Court of Appeals for the Eleventh Circuit · Mar 22, 1990

I In its initial opinion, the district court denied damages to appellants, holding that the City was protected by qualified immunity. This court reversed the district court in Wheeler v. … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), in which the Supreme Court held that municipalities cannot claim good faith or qualified immunity as a defense in section 1983 actions.

McCollum v. Bolger

794 F.2d 602 · Court of Appeals for the Eleventh Circuit · Jul 23, 1986

. § 409 (c) limits the waiver of sovereign immunity found in 39 U.S.C. § 401 (1). … McCollum refused to accept the certified letter, which was delivered to him at work and was clearly marked as an official USPS notice.

Foster Logging, Inc. v. United States

973 F.3d 1152 · Court of Appeals for the Eleventh Circuit · Aug 24, 2020

• Ensure both the prescribed fire plan preparer and the technical reviewer are qualified or qualified less currency at the level of complexity or higher. … The technical reviewer must be qualified or previously qualified as a burn boss at or above the level of project complexity. At a minimum, NWCG qualifications will be accepted.

United States v. Willie Gene Davi

598 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Mar 11, 2010

But this assumption conflicts with the Court’s statement that “the doctrine of qualified immunity will shield officers from liability for searches conducted in reasonable reliance” on a broad reading of Belton. … Because the Court has explained that qualified-immunity doctrine employs “‘the same standard of objective reasonableness’” that defines the contours of the good-faith exception to the exclusionary rule, Groh v.

Timothy O'Neil v. Victor Hill

Court of Appeals for the Eleventh Circuit · Jul 9, 2025

Qualified immunity protects government officials from “the costs of trial and the burdens of broad-reaching discovery, as long as their conduct does not violate clearly established statutory or constitutional … But if, in contrast, “the parties debate not only evidentiary sufficiency issues but also an abstract issue of law related to qualified immunity,” such as whether the right was clearly established,

Terry Hamilton v. City of Jackson

261 F. App'x 182 · Court of Appeals for the Eleventh Circuit · Jan 7, 2008

Qualified Immunity from the § 1983 Claim “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established … Clearly Established?

Healy v. Town of Pembroke Park

831 F.2d 989 · Court of Appeals for the Eleventh Circuit · Nov 5, 1987

An Eleventh Circuit case decided in 1982 followed Hernandez and discussed what this circuit considered to qualify as legislative activity. In Espanola Way Corp. v. … The appellants are not entitled to recover attorneys’ fees for time expended in the prosecution of the state proceedings nor for the district court’s action in stating liability had been established in the § 1983 case by