Case law

Oqueshia Andrews v. Carmel Biggers, Jr.

996 F.3d 1235 · Court of Appeals for the Eleventh Circuit · May 7, 2021

And since our decision in Manders, Georgia courts have reiterated that “[s]heriffs clearly perform governmental services on a local level[.]” See Channell v. … Georgia law likewise clearly differentiates between responsibility for control over state correctional facilities on the one hand and county jails on the other.

Eric Watkins v. Fort Lauderdale Police Officer

Court of Appeals for the Eleventh Circuit · Mar 25, 2025

To overcome the defense of qualified immunity, a plaintiff must establish: (1) “the defendant’s conduct violated a statutory or con- stitutional right,” and (2) “the violation was clearly established.” … But Bigwood is an unpublished decision, and thus it cannot clearly establish the law for qualified immunity pur- poses. J W by & through Tammy Williams, 904 F.3d at 1260 n.1.

Daniel E. Mann, Elizabeth Cannon and Lillian Rauh v. Samuel R. Pierce, Jr. And U.S. Dept. Of Housing & Urban Development

803 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Nov 13, 1986

Congress established the fund to meet the “expenses incurred in the handling, management, renovation, and disposal of” HUD owned properties. 12 U.S.C. § 1735c. … Thus, to the extent that the tenants seek equitable restitution of the rents they paid during the period HUD allegedly maintained the premises in a substandard condition, the tenants clearly seek damages payable from HUD’

Walter Gomez v. USA

601 F. App'x 841 · Court of Appeals for the Eleventh Circuit · Feb 11, 2015

Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … Because Officer Doe did not violate a clearly- established right, he was entitled to qualified immunity as to Gomez’s temporary- detention claim. 12 C.

Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of Florida

707 F.2d 1176 · Court of Appeals for the Eleventh Circuit · Jun 2, 1983

Accordingly, the appellant has established irreparable injury and the district court’s finding to the contrary was an abuse of discretion. … In the instant case there clearly is state action by State Attorney Oldham in instituting the malicious prosecution action.

Victoria R. Ducre v. Ryan K. Archer

653 F. App'x 896 · Court of Appeals for the Eleventh Circuit · May 25, 2016

We conclude that the officer here is entitled to qualified immunity. It is not clearly established that plaintiff's refusal to sign the citation was a non-criminal act. … Rather, we decide only the qualified immunity issue, and hold that it was not clearly established that there was no criminal offense here. 2  Case: 15-13903

Robert G. Swofford, Jr. v. Donald Eslinger

395 F. App'x 559 · Court of Appeals for the Eleventh Circuit · Sep 1, 2010

The deputies moved to dismiss the complaint based on qualified immunity, which the district court denied. We review de novo the denial of summary judgment based on qualified immunity. Skop v. … A reasonable jury could find that Morris and Remus violated Swofford’s clearly established constitutional rights. The denial of qualified immunity is AFFIRMED. 3

Carolyn Bailey v. Officer Jose Reina

476 F. App'x 193 · Court of Appeals for the Eleventh Circuit · Apr 25, 2012

The officers moved for partial summary judgment on most of the claims on the basis of qualified immunity, though they conceded only for summary judgment purposes that there was sufficient evidence to establish that Officers … The doctrine of qualified immunity shields from civil liability police officers and other government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory

George D. Metz, II v. D. Bridges

Court of Appeals for the Eleventh Circuit · Dec 12, 2024

In this case, the Officers are entitled to qualified immunity. … As for Officer Dodson, Metz cannot show that he violated a clearly established right.

Mirta Rosa Valenzuela v. United States

286 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Mar 25, 2002

and use immunity nor the Fifth Amendment’s Self-Incrimination Clause barred the magistrate judge from considering the Bruce Affidavit. … First, the magistrate judge’s finding of fact, which the district court accepted as not clearly erroneous, that the DEA agents never promised petitioners immunity from Italian prosecution in exchange for their cooperation

Seminole Tribe of Florida v. State of Florida Department of Revenue

750 F.3d 1238 · Court of Appeals for the Eleventh Circuit · May 5, 2014

Bradley, for example, the Supreme Court ruled that a federal court could require a state to institute school programs to eliminate the vestiges of racial segregation even though the establishment of those programs would cost … See Ford Motor Co., 323 U.S. at 463 , 65 S.Ct. at 350 (“This section [of the Indiana statute] clearly provides for a[n] action against the state, as opposed to one against the collecting official individually.”).

Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services

225 F.3d 1208 · Court of Appeals for the Eleventh Circuit · Sep 1, 2000

Relief for these injuries is clearly prospective in nature.” Id. at 1147 . Rye does not help the Plaintiffs in this case. … the receipt of funds on a waiver of immunity.

Glenn Howell v. Victor HIll

Court of Appeals for the Eleventh Circuit · Mar 4, 2025

Hill is not entitled to qualified immunity if he violated How- ell’s constitutional rights and if those rights were clearly estab- lished. See Nelson v. … The district court’s judgment denying qualified immunity to Hill is AFFIRMED.

Eutiquio Eloy v. Officer Guillot

289 F. App'x 339 · Court of Appeals for the Eleventh Circuit · Jul 11, 2008

The arguable probable cause standard applies in the “clearly established law” prong of the qualified immunity analysis. See Draper v. … of qualified immunity analysis: whether the law was clearly established.

C. Allan Powell v. Sheriff, Fulton County Georgia

511 F. App'x 957 · Court of Appeals for the Eleventh Circuit · Mar 7, 2013

Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory … To overcome qualified immunity, Plaintiffs must show that: “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.” Holloman ex rel.

Florida International Indemnity Company v. The City Of Metter

952 F.2d 1297 · Court of Appeals for the Eleventh Circuit · Feb 6, 1992

(2) Whether the district court erred in failing to find that the Recreation Department qualified as an "other insured" under the terms and conditions of the policy? … Under Georgia law, a plaintiff must be an intended rather than an incidental beneficiary and it must clearly appear from the contract itself that both contracting parties intended to benefit the third party."

Roderick B. Jolivette v. James Arrowood

180 F. App'x 883 · Court of Appeals for the Eleventh Circuit · May 12, 2006

right was clearly established and (2) whether the alleged acts violated that law” under the “core qualified immunity analysis.” … ‘clearly established.’” Brief of Appellant at 39–40.

United States v. Christian Schmidgall

25 F.3d 1523 · Court of Appeals for the Eleventh Circuit · Jul 14, 1994

shows that he has testified under immunity, the prosecution has the burden of showing that its evidence is not tainted; this is done by establishing the existence of an independent, legitimate source for the disputed evidence … If this argument is accepted, a remand clearly would be futile. In support of this contention, Schmidgall cites this court’s opinion in United States v. Hampton.

Roger A. Festa v. Santa Rosa County Florida Sheriff's Office

413 F. App'x 182 · Court of Appeals for the Eleventh Circuit · Feb 8, 2011

Talladega City Bd. of Educ., 115 F.3d 821, 827 n.4 (11th Cir. 1997) (“In this 7 circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions … clearly-established prong of the qualified immunity inquiry. 11

Reese v. South Florida Water Management District

59 F.3d 1128 · Court of Appeals for the Eleventh Circuit · Jul 27, 1995

Even assuming the water was released "solely for" or "only for" irrigation and other purposes, it was water contained within a multi-purpose federal flood control project, and James clearly held that all water … The Tenth Circuit found that while the reservoir was operated by the Corps for flood control purposes, the United States was not entitled to immunity because the "requisite nexus" was not established between its operation