Case law

Doris Freyre v. Chad Cronister

910 F.3d 1371 · Court of Appeals for the Eleventh Circuit · Dec 14, 2018

The Legislature specified certain minimum requirements that grantee sheriff’s offices must meet: for example, sheriffs must “operate, at a minimum, in accordance with the performance standards and outcome measures established … more clearly.

Jacquelyn Johnston v. Gary S. Borders

Court of Appeals for the Eleventh Circuit · Jun 9, 2022

because it was not “clearly established” that that the statements he made in connection with Johnston’s termination had violated “any ‘clearly established’ laws.” … Second, the Sheriff was not entitled to qualified immunity because the right to a name-clearing hearing was “clearly established law.” 10 The Court granted the Sheriff’s 8 See Fla.

Travis Roe v. Clint Redmond

Court of Appeals for the Eleventh Circuit · Aug 13, 2025

“Qualified immunity shields a government official from liability unless he violates clearly established statutory or constitutional rights of which a reasonable person would have known.” … Clearly Established Maertz argues that, even if he violated the Fourth Amend- ment, he is nevertheless entitled to qualified immunity because Roe has failed to establish that he violated a

H. Anita Lincoln, Cross-Appellant v. Board of Regents of the University System of Georgia, and Clyde W. Hall and Evanel R. Terrell, Cross-Appellees

697 F.2d 928 · Court of Appeals for the Eleventh Circuit · Feb 10, 1983

To make a prima facie case, the plaintiff must establish the four familiar elements required by McDonnell Douglas: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer … In such a case, the plaintiff can make a prima facie case by establishing that he is a member of a minority, that he was qualified for his job, that he was discharged, and that he was replaced by a member of the majority

United States v. Foxman

87 F.3d 1220 · Court of Appeals for the Eleventh Circuit · Jul 11, 1996

We remand for application of the established legal standard to the pre-indictment delay claim. … An abuse of discretion exists on this point only if this finding is clearly erroneous. U.S. v. Huntley, 976 F.2d 1287, 1290 (9th Cir.1992).

Rodriguez v. SECRETARY FOR DEPT. OF CORRECTIONS

508 F.3d 611 · Court of Appeals for the Eleventh Circuit · Nov 21, 2007

(quoting Fed.R.Civ.P. 50(a)).11 11 Neither Kugler nor Johnson argues on appeal that he is shielded from suit by qualified immunity. … And, as noted above, they do not argue qualified immunity, i.e., that they have not violated clearly established law. 14 The district court did not address the objective component of Rodriguez’s claim

Smith v. Horner

839 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Mar 18, 1988

Her proposed conclusions began: “As established in McDonnell Douglas Corp. v. … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 0973 ), A plaintiff may establish a prima facie case of promotion discrimination by proving that he or she is a member of a protected minority, was qualified for and applied

Dennis McDaniel v. Southern Correctional Medicine LLC

Court of Appeals for the Eleventh Circuit · Oct 11, 2024

First, “[a]n official who asserts entitlement to qualified immunity must first establish that she or he was acting within the scope of his discretionary author- ity.” Alcocer v. … Iqbal, 556 U.S. 662, 678 (2009), of his obligations under the clearly- established prong.

Terry Coley v. Luther Smith

441 F. App'x 627 · Court of Appeals for the Eleventh Circuit · Aug 23, 2011

To overcome Defendants’ qualified-immunity defense, Plaintiff bears the burden of showing both that Defendants’ conduct amounted to a constitutional violation and that the right violated was already “clearly established … Plaintiff has therefore failed to meet his burden of showing a clearly established right; he cannot overcome Defendants’ qualified immunity.

Aishly Foy v. Sheriff of Jefferson County, Alabama

Court of Appeals for the Eleventh Circuit · Mar 3, 2025

As to qualified immunity, the magistrate judge concluded Foy’s right to be free from excessive force in the holding cell was clearly established, among other reasons, because the deputies’ alleged … Qualified Immunity To be entitled to qualified immunity, the defendant must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful conduct

Rosa Hampton v. Thomas Atzert, Jr.

590 F. App'x 942 · Court of Appeals for the Eleventh Circuit · Nov 4, 2014

Under the Supreme Court’s qualified immunity standard, even if “a violation could be made out on a favorable view of the parties’ submissions,” a court must also ask whether the right at issue was “clearly established. … , clearly established principle [that] should control the novel facts of this situation.”

Arrid Baltimore v. City of Albany, Georgia

183 F. App'x 891 · Court of Appeals for the Eleventh Circuit · Jun 9, 2006

Qualified immunity completely protects government officials sued in their individual capacities as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person … the aet[ ] violated already clearly established federal law.”

Dolcie Lawrence v. Peter Dunbar, United States of America

919 F.2d 1525 · Court of Appeals for the Eleventh Circuit · Dec 27, 1990

In order for the court to find that DUNBAR’s conduct was within the scope of his employment, Plaintiff must establish all three of the elements articulated by the court in Rabideau \¶. … The INS contends that we should apply the clearly erroneous standard of review to the jurisdictional facts found by the district court and affirm the dismissal.

Hill v. Seaboard Coast Line Railroad

767 F.2d 771 · Court of Appeals for the Eleventh Circuit · Aug 2, 1985

This court will reverse the district court’s finding on intentional discrimination only if that finding is clearly erroneous, or is based on clearly erroneous subsidiary findings of fact, or a mistaken view of the law. … A plaintiff may establish a prima facie case of employment discrimination by proving that he is a member of a protected minority, was qualified and applied for the promotion, was rejected, and other employees who were not

Carlos Zelaya v. United States

781 F.3d 1315 · Court of Appeals for the Eleventh Circuit · Mar 30, 2015

to its constitutional immunity from suit.”). … See 15 U.S.C. § 78d.13 Its regulation of the securities markets clearly involves the kinds of decisions “we would expect inherently to be grounded in considerations of policy.”

United States v. Frank Joseph Lach

874 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 13, 1989

The court clearly explained to Lach the effect of its order, indicating that it effectively would preclude Lach from asserting his privilege against self-incrimination as a basis for refusing to testify and that any information … That vague assertion was inadequate to establish Lach’s intention to refuse to answer all questions posed to him concerning Sam Urbana. 8 Cf . United States v. Costello, 198 F.2d 200, 203-04 (2d Cir.1952). C.

Harold Brown v. Jorge L. Pastrana

446 F. App'x 270 · Court of Appeals for the Eleventh Circuit · Nov 15, 2011

This Court reviews de novo a district court’s order granting summary judgment based on qualified immunity. Bryant v. Jones, 575 F.3d 1281, 1294 (11th Cir. 2009). … Qualified immunity shields government officials exercising discretionary functions from civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Ronel Ramos v. U.S. Attorney General

709 F.3d 1066 · Court of Appeals for the Eleventh Circuit · Feb 19, 2013

whether it clearly establishes that the alien’s conviction qualifies as a theft offense. … For that reason, we held that the Government failed to clearly establish that the alien was convicted of a theft offense. We vacated the Board’s order of removal.

Florida International Indemnity Co. v. 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 *1298 terms and conditions of the policy? … ... it must clearly appear from the contract that it was intended for his benefit.

Jerry Sims v. James Leonard

465 F. App'x 869 · Court of Appeals for the Eleventh Circuit · Mar 20, 2012

The evidence put forward by Sims contains facts that, when viewed in his favor, may establish defendants’ violation of a clearly established constitutional right. … immunity.