Case law

Robert Worley v. City of Lilburn

408 F. App'x 248 · Court of Appeals for the Eleventh Circuit · Jan 6, 2011

The applicability of qualified immunity is subject to a two-part test, which asks whether the officer’s conduct amounted to a constitutional violation, and whether the right violated was clearly established at the time … “To defeat a defendant’s claim to qualified immunity, a plaintiff must show that a reasonable person in the defendant’s position would have been on notice that his actions violated clearly-established law.” Maggio v.

James Johnson v. K Mart Corporation

273 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Dec 19, 2001

immunity when the courts involved had ruled that material issues of fact were in dispute). … After the development of this test, the Supreme Court issued its decision in Farrar , which re-established that in order “to qualify as a prevailing *1065 party [under § 1988], a civil rights plaintiff must obtain at least

Lewis Martin Moton, Jr. v. K. Walker

545 F. App'x 856 · Court of Appeals for the Eleventh Circuit · Nov 5, 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 which … Because Moton’s clearly established rights under the Fourth Amendment were not violated, Walker is entitled to qualified immunity on Moton’s Fourth Amendment claim.

Darrell L. Jackson v. Eric L. Capraun

534 F. App'x 854 · Court of Appeals for the Eleventh Circuit · Aug 15, 2013

Qualified immunity protects government officials acting within their discretionary authority “unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have … : 3 of 12 shifts to [the plaintiff] to establish that the defendants’ conduct violated clearly established law.”

McGuire Oil Co. v. Mapco, Inc.

958 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Apr 24, 1992

Mapco Petroleum, a wholly owned subsidiary of Mapco, Inc., is a Delaware corporation, qualified to do business in Alabama, that is engaged in the retail sale of unbranded petroleum products in Alabama. … Indeed, Ala.Code § 8-22-17 is very similar to Clayton Act section 4, which establishes the federal antitrust injury requirement.

Andrews v. Ledbetter

880 F.2d 1287 · Court of Appeals for the Eleventh Circuit · Aug 21, 1989

The DOE has developed a state plan meeting with federal approval that qualifies Georgia for federal funding. … However, the Act s procedural safeguards clearly are designed to provide handicapped children and their parents or guardians a way to assert a handicapped child’s right to a free appropriate public education. § 1415(a).

National Association of the Deaf v. State of Florida

945 F.3d 1339 · Court of Appeals for the Eleventh Circuit · Jan 3, 2020

Title II of the ADA states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, … We recognize it is more difficult to establish abrogation where no fundamental right is at issue. Compare, e.g., id. at 529, 124 S.

Justice ex rel. Justice v. City of Peachtree City

961 F.2d 188 · Court of Appeals for the Eleventh Circuit · May 14, 1992

Thus, the officers are entitled to qualified immunity. In addition; the Peach-tree group contends that the Supreme Court limited a city’s' liability under 42 U.S.C. § 1983 to compensatory damages. … Since this is an issue of first impression in this circuit, and research has not disclosed a case directly on point, it would be difficult for a court to find that the law on this issue was clearly established.

Charles Colvin v. John J. McDougall Sheriff of the Lee County Sheriff's Department Ronald J. Curtis, Lee County, as a Political Subdivision of the State of Florida, Charles Colvin v. John J. McDougall Sheriff of the Lee County Sheriff's Department, Lee County, as a Political Subdivision of the State of Florida Ronald J. Curtis

62 F.3d 1316 · Court of Appeals for the Eleventh Circuit · Aug 31, 1995

immunity defense for himself. … Again we observe that McDougall never raised for himself the defense of qualified immunity.

Laquarius Gray v. Antonio Bostic

Court of Appeals for the Eleventh Circuit · Aug 2, 2010

. § 1983 complaint on qualified immunity grounds. Gray v. Bostic, No. 04- 12240, slip op. at 18, 22 (11th Cir. Dec. 27, 2004) (Gray I). … judgment based on qualified immunity.

Erik Sanchez v. Hialeah Police Department

357 F. App'x 229 · Court of Appeals for the Eleventh Circuit · Dec 16, 2009

immunity because his use of non-deadly force did not violate Sanchez’s clearly-established right to be free from excessive force; and (2) Officer Garrido was entitled to qualified immunity on Sanchez’s excessive force … This includes the district court’s determination in this case that Officers Del Nodal and Garrido were not entitled to qualified immunity because their actions violated Sanchez’s clearly- established right to be free from

Cassady v. James Donald

447 F. App'x 28 · Court of Appeals for the Eleventh Circuit · Oct 25, 2011

In their summary judgment motion, the Prison Officials argued that they were entitled to qualified immunity on Cassady’s claim. … The Prison Officials argue that the district court erred in finding that they were not entitled to qualified immunity. “We review de novo the denial of a motion for summary judgment based on qualified immunity.”

A.L. Adams Construction Company v. Georgia Power Company

733 F.2d 853 · Court of Appeals for the Eleventh Circuit · Jun 4, 1984

Plumbers and Steamfitters Local No. 100, 421 U.S. 616 , 95 S.Ct. 1830 , 44 L.Ed.2d 418 (1975), the district court held that the project agreement, if part of a collective bargaining relationship, was immune to attack under … A collective bargaining relationship may be established through a valid prehire agreement executed in accordance with § 8(f). Donald Schriver, Inc. v.

United States v. Barbara Gottesman

724 F.2d 1517 · Court of Appeals for the Eleventh Circuit · Feb 16, 1984

Gottesman finally claims that the eighteen-month sentence imposed on the criminal copyright infringement count exceeds the limit established by statute. … may, in fact, grant immunity when it finds government abuse.

United States v. Don Eugene Siegelman

786 F.3d 1322 · Court of Appeals for the Eleventh Circuit · May 20, 2015

, and whether any individuals should be granted immunity. 481 U.S. at 807. … Following the law of the case as established in Scrushy, we therefore affirm the district court’s order denying Siegelman’s motion for a new trial. 7 6 Specifically, Siegelman argues for the first time on appeal that

University of South Florida Board of Trustees v. Comentis, Inc.

861 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Jun 30, 2017

The state therefore clearly defines the USF Board to be a part of its government. … The Board of Governors is almost entirely appointed by the Governor of Florida.1 That Board of Governors “establish[es] the powers and duties of the boards of trustees” of state universities. Fla. Const. art.

Hill v. Seaboard Coast Line Railroad Company

885 F.2d 804 · Court of Appeals for the Eleventh Circuit · Oct 10, 1989

Because we conclude that the district court's finding that these appellants were not qualified for the foreman position was not clearly erroneous, we affirm the judgment against these appellants. … Also, Seaboard argues that even if the court applied the correct standard, its finding that the business reason was pretext is clearly erroneous. 21 Seaboard apparently does not contest that Benard was less qualified for

Global Marine Exploration, Inc. v. Republic of France

33 F.4th 1312 · Court of Appeals for the Eleventh Circuit · May 12, 2022

After Fort Caroline was destroyed, no further French set- tlements were established in Florida. Global Marine Exploration, Inc. … The Declaration of Intent also established a steering committee to im- plement the agreement.

Dunwoody Homeowners Association, Inc. v. Dekalb County, Georgia

887 F.2d 1455 · Court of Appeals for the Eleventh Circuit · Jan 25, 1990

The state had acted by bringing a malicious prosecution proceeding and Oldham, the Florida Attorney General, who brought the action on behalf of himself and the State of Florida, clearly qualified as a state actor. … We do not address Judge Shulman's claim that he is immune from suit. 4 .

Vickie Alday v. Marlon L. Groover

601 F. App'x 775 · Court of Appeals for the Eleventh Circuit · Jan 29, 2015

Qualified immunity protects government officials sued in their individual capacities if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … of this court are relevant to the issue of whether the lesser conduct in the instant case violated clearly established constitutional law. 1 For this reason, Groover is entitled to qualified immunity.