Case law

Praxair, Inc. v. FL Power & Light

Court of Appeals for the Eleventh Circuit · Sep 19, 1995

For private conduct to qualify for immunity under the state action doctrine, the challenged restraint must meet a two-pronged test. … A clearly articulated policy can be established if a state statute authorizes an agency to regulate the area and "provides" for a regulatory scheme that inherently displaces unfettered business freedom

Dana R. Blickley v. Jim Ford

390 F. App'x 890 · Court of Appeals for the Eleventh Circuit · Aug 3, 2010

Whether the law was clearly established, so as to entitle Ford to qualified immunity, was, in the court’s view, contingent upon whether her comments were on a matter of public concern and thus upon the resolution of an … Moreover, and to say the least, the pre- existing law did not clearly establish that, given the circumstances, Ford had violated Blickley’s rights; Ford is entitled to qualified immunity.

Joseph Lamar Knight v. Forsyth County, Georgia

523 F. App'x 599 · Court of Appeals for the Eleventh Circuit · Jul 11, 2013

Our review of the record does not convince us that Officers Hoffman and Marsh violated clearly established law when they handcuffed and forcibly removed Knight, an intoxicated man who had barricaded himself in his bedroom … immunity as to Sergeant Finley, we reverse the denial of qualified immunity as to Officers Hoffman and Marsh and remand for further proceedings consistent with this opinion.

Victor Revill v. Richardson

Court of Appeals for the Eleventh Circuit · Jul 19, 2023

Richardson moved for summary judgment on the exces- sive-force claim based on qualified immunity. … Richardson contends that he is entitled to qualified immun- ity because he did not violate a clearly established constitutional right.

John Arnold v. Raymond S. Bunn

565 F. App'x 812 · Court of Appeals for the Eleventh Circuit · May 9, 2014

“Qualified immunity does not apply where the facts show that the official violated the plaintiff’s constitutional rights and where the law clearly established those rights at the time of the alleged misconduct.” … a district court’s denial of summary judgment on qualified immunity grounds de novo.”

Peter Ventura v. Attorney General, State of Florid

419 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Aug 9, 2005

That measuring stick is ‘clearly established Federal law.’ Clearly established federal law is not the case law of the lower federal courts, including this Court. … These cases suggest that a misstatement of the law may be insufficient to find a state court decision contrary to clearly established law; rather, the state decision was contrary to clearly established law, and indeed

Cynthia Nichols v. State of Florida

204 F. App'x 826 · Court of Appeals for the Eleventh Circuit · Nov 6, 2006

Once the affirmative defense of qualified immunity is asserted, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal … They also agree that SMN had a clearly established right to physical safety in his foster home.

Luis Artiga v. Officer Richard Garcia

316 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Apr 22, 2008

Ferraro: Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional … Artiga’s evidence, which must be believed at the summary judgment stage, would demonstrate a violation of his clearly established rights for purposes of the qualified immunity analysis.

Roderic R. McDowell v. Pernell Brown

392 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Dec 8, 2004

McDowell conceded that the sheriff’s deputies he named in his suit were entitled to qualified immunity in their individual capacities. … Merikangas clearly included a discussion on the nurses’ standard of care in his deposition testimony, and Dr. Gower offered that the “standard of care really should have elected the most rapid transport” to Grady.

Eddie Ira Sanders, Sr. v. City of Dothan

409 F. App'x 285 · Court of Appeals for the Eleventh Circuit · Jan 19, 2011

“A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle … Because the right that Plaintiff alleged that Eggleston violated is not clearly established, Eggleston is entitled to qualified immunity on the claim of excessive force.

United States v. Richard B. Lankford

955 F.2d 1545 · Court of Appeals for the Eleventh Circuit · Mar 25, 1992

LeCroy testified before a grand jury and at trial under a grant of use immunity. . … Moreover, the trial court allowed the prosecution to question him as if he had been qualified as an expert. .

United States v. Victor HIll

99 F.4th 1289 · Court of Appeals for the Eleventh Circuit · Apr 29, 2024

App’x 926, 930, 935 (11th Cir. 2019) (af- firming denial of qualified immunity where officer ordered resisting detainee into a restraint chair, then tased him twice); McNeeley v. Wilson, 649 F. … We conclude that, under clearly established law at the time, it was. For § 242 (and § 1983) purposes, “a right can be clearly es- tablished in one of three ways.” Crocker v.

Ralph Harrison Benning v. William F. Amideo

391 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Dec 2, 2004

Congress unambiguously required states to waive their sovereign immunity from suits filed by prisoners to enforce RLUIPA. … waiving its immunity.”

Saul D. Thermidor v. Miami-Dade County

248 F. App'x 61 · Court of Appeals for the Eleventh Circuit · Jul 3, 2007

If so, we must next consider whether the right was clearly established. Id. Thermidor bears the burden of showing that Pierre is not entitled to qualified immunity for the continued detention. … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment on qualified immunity is appropriate.” Id., 121 S. Ct. at 2156-57 (emphasis added).

Miles v. Naval Aviation Museum Foundation, Inc.

289 F.3d 715 · Court of Appeals for the Eleventh Circuit · Apr 24, 2002

The district court’s findings of fact must be accepted unless they are clearly erroneous. Andrews v. United States, 121 F.3d 1430 (11th Cir. 1997). IV. … The FTCA’s waiver of immunity is subject to several exceptions, including a discretionary function exception. Id. at § 2680(a).

Victor Underwood and Carmen Edwards, for Themselves and All Others Similarly Situated v. Nell Hunter

730 F.2d 614 · Court of Appeals for the Eleventh Circuit · Apr 10, 1984

Why it is within the limits imposed by the Federal Constitution, to establish white supremacy in this State. … Neither their impartiality nor the passage of time, however, can render immune a purposefully discriminatory scheme whose invidious effects still reverberate today.

Bentley Killmon v. The City of Miami

199 F. App'x 796 · Court of Appeals for the Eleventh Circuit · Sep 27, 2006

To overcome a defense of qualified immunity, a plaintiff must establish that the defendant violated a constitutional right that was clearly established when the violation occurred. Saucier v. … of a clearly established right.

Tenisha Felio v. Christopher Hyatt

639 F. App'x 604 · Court of Appeals for the Eleventh Circuit · Jan 26, 2016

immunity unless his conduct violates clearly established federal law. … Felio’s version of the facts, Officer Hyatt’s actions violated a clearly established right, and qualified immunity does not apply. See Lewis, 561 F.3d at 1291-92.

Charles Flowers v. Troup County, Georgia, School District

803 F.3d 1327 · Court of Appeals for the Eleventh Circuit · Oct 16, 2015

Precedent makes it abundantly clear that qualified immunity should have been granted to seven of the ten individual defendants, Troup County School District officials who were caught up in Flowers’s trawl by their sheer proximity … Allowing the board members to remain in the proceedings, then, exposes these individuals to exactly the sort of burdensome costs that qualified-immunity doctrine is designed to eliminate.

Krysten Garner v. Warren Baltes

Court of Appeals for the Eleventh Circuit · Aug 2, 2023

to qualified immunity. … Qualified immunity shields officials acting within their dis- cretionary authority from liability when their conduct does not vi- olate a federal right that was clearly established when it occurred.