Case law

Alireza A. Nasseri v. City of Athens Alabama

373 F. App'x 15 · Court of Appeals for the Eleventh Circuit · Apr 8, 2010

Qualified Immunity Millward nonetheless argues that he is entitled to qualified immunity on Nasseri’s deliberate indifference claim. … immunity if the right alleged to be violated was not clearly established.

United States v. James Robertson

Court of Appeals for the Eleventh Circuit · Nov 12, 2013

Attorney’s established policy against orally entering offers of immunity, Porcelli claims that he never orally extended any sort of immunity deal to Robertson. 4 While there may be various groups who share … On this record, that finding of pretext was not clearly erroneous. 29

Kitchen v. CSX Transportation, Inc.

6 F.3d 727 · Court of Appeals for the Eleventh Circuit · Nov 8, 1993

to allocate county funds to close the bridge rather than repair it.” 30 The Court of Appeals explained: Should the county decide when a street should be opened, closed, or repaired, or when a sewer should be built, it is clearly … A constitutional amendment that rewrote this paragraph was approved by a majority of the qualified voters voting in the general election on November 6, 1990.

Richard Ralph Malcolm v. Sabine Ramonvil

574 F. App'x 881 · Court of Appeals for the Eleventh Circuit · Jul 31, 2014

they searched and arrested him and, thus, the two officers are unentitled to qualified immunity. … “[Q]ualified 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

William Dale Elliott v. Officer Richard B. Wilcox

641 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Jan 14, 2016

To overcome qualified immunity, Elliott must establish (1) that the defendants violated his constitutional rights and (2) that “the law clearly established those rights at the time of the alleged misconduct.” … Bentley and Tanner are entitled to qualified immunity unless Elliott can show that “the law clearly established that [the] particular amount of force” they used was excessive. Lee, 284 F.3d at 1198.

United States v. Jason Kushmaul

984 F.3d 1359 · Court of Appeals for the Eleventh Circuit · Jan 6, 2021

Regarding the second prong of the test, “[s]uch error must be so clearly established and obvious that it should not have been permitted by the trial court even absent the defendant’s timely assistance in detecting it.” … Hesser, 800 F.3d at 1325 (“[The] error must be so clearly established and obvious that it should not have been permitted by the trial court even absent the defendant’s timely assistance in detecting it.”

Susan Treat v. Daniel T. Lowe

668 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Sep 8, 2016

Lowe had entered their home by mistake; he was supposed to execute a search warrant two doors down.2 Lowe moved for summary judgment based on qualified immunity. … established constitutional rights.

Simmons v. Conger

86 F.3d 1080 · Court of Appeals for the Eleventh Circuit · Jul 3, 1996

The district court clearly erred in awarding damages against Judge Conger in his individual capacity because he is entitled to absolute judicial immunity from damages in this section 1983 case. … He clearly had jurisdiction over the Gosa matter, and there is no allegation to the contrary.

S.S. Ex Rel. Montgomery v. Bolton

522 F. App'x 452 · Court of Appeals for the Eleventh Circuit · Jun 11, 2013

district court’s denial of qualified immunity in an interlocutory appeal. … Discussion “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Lucius Wordley v. Officer Pablo San Miguel

567 F. App'x 719 · Court of Appeals for the Eleventh Circuit · May 23, 2014

Wordley did not meet his burden of establishing that qualified immunity should 2 Mr. … To be entitled to qualified immunity, a defendant must first establish that he was acting within the scope of his discretionary authority, meaning the 3 As Mr.

Eva Locke v. Joyce Shore

Court of Appeals for the Eleventh Circuit · Mar 1, 2011

A designer must complete a combined total of six years of interior design education and internship experience with a licensed interior designer to qualify for a Florida license. See Fla. … Stat. 1 Before the district court, Appellants also unsuccessfully challenged the licensing requirement under the Fourteenth Amendment’s Privileges or Immunities Clause.

S & Davis International v. Republic of Yemen

218 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Jul 21, 2000

The district court's interlocutory order denying immunity is reviewable under 28 U.S.C. § 1291 and the "collateral order doctrine" established in Cohen v. … we believe the answer clearly is that it cannot."

31 Fair empl.prac.cas. 1578, 31 Empl. Prac. Dec. P 33,571 Frank L. Eastland, Individually v. Tennessee Valley Authority

704 F.2d 613 · Court of Appeals for the Eleventh Circuit · Sep 12, 1983

The district court found that even if Eastland established that he was qualified for the position, TVA’s hiring decision was justified because the white applicant had superior qualifications. … This finding is clearly erroneous.

Jefferson County, a Political Subdivision of the State of Alabama v. William M. Acker, Jr., Jefferson County, a Political Subdivision of the State of Alabama v. U.W. Clemon

137 F.3d 1314 · Court of Appeals for the Eleventh Circuit · Mar 27, 1998

The judges are "officer[s] of the courts of the United States," but removal of an action under this section requires the satisfaction of two additional requirements: (1) the defendant must establish a "causal connection between … It based this ruling on two alternative grounds: (1) that the United States' significant interest in the tribes qualified them for the exception, and a symbolic joinder of the United States would serve no purpose; and (2)

Mehrnoosh Payrow v. Chad Chronister

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

He also argued against the application of qualified and sovereign immunity. … a clearly established constitutional right.

Brent Jacoby v. Sheriff Huey Mack

666 F. App'x 759 · Court of Appeals for the Eleventh Circuit · Nov 7, 2016

To overcome the qualified immunity defense, Jacoby must establish (1) that the defendants violated his constitutional rights and (2) “that the law clearly established those rights at the time of the alleged misconduct.” … immunity because the alleged unlawfulness of their conduct was not clearly established at the time it occurred.

Alexander v. Fulton County

207 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Mar 30, 2000

immunity because the Plaintiffs failed to demonstrate that her conduct violated their clearly established statutory or constitutional rights.10 We review de novo the district court’s denial of qualified immunity … 16 law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government

Timothy E. Johnson v. Agent Tony Williams

Court of Appeals for the Eleventh Circuit · Nov 21, 2025

He maintained that the officers were not entitled to qualified immunity. … Therefore, we focus on whether Johnson established that the officers violated a constitutional right and that the right was clearly established at the time of the defendant’s actions.

Camille Burban v. City of Neptune Beach, Florida

920 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Apr 5, 2019

See id. § 926(c) (establishing seven conditions for recognition as a “qualified retired law enforcement officer”). … Burban points to establishes a procedural mechanism for issuing identification cards to qualified retired law enforcement officers.

Eli Porter v. Derrell Thigpen

Court of Appeals for the Eleventh Circuit · Apr 21, 2025

At the second step, we need not consider whether there was a constitutional violation because the law was not clearly established. … The Governor is entitled qualified immunity on this claim. So are the troopers.