Case law

Andre Lawson v. Sheriff Chris Curry

244 F. App'x 986 · Court of Appeals for the Eleventh Circuit · Aug 10, 2007

“Under the qualified immunity doctrine, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates ‘clearly established … “At this stage in the proceedings, the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.

Howard Howell v. Sheriff of Palm Beach County

349 F. App'x 399 · Court of Appeals for the Eleventh Circuit · Oct 15, 2009

Core qualified immunity questions about whether defendants have 5 violated clearly established law are within the scope of our jurisdiction, but we have no jurisdiction to review … (listing examples of legal issues underlying qualified immunity decisions as “whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, . . .

Thompson v. Hall

426 F. App'x 855 · Court of Appeals for the Eleventh Circuit · May 19, 2011

any ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … is not clearly established.”

Mullinax v. McKeithen Ex Rel. Bay County

570 F. App'x 887 · Court of Appeals for the Eleventh Circuit · Jun 30, 2014

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Mullinax’s clearly established rights under the Due Process Clause. We decline to address these arguments because they were never raised below.

Salter Ex Rel. Estate of Salter v. Mitchell

711 F. App'x 530 · Court of Appeals for the Eleventh Circuit · Oct 5, 2017

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a federal right and that the right was already clearly established – given the circumstances – when defendant

Orrilyn Maxwell Stallworth v. Rodney W. Hurst

Court of Appeals for the Eleventh Circuit · Dec 30, 2021

Here, the merits of Stallworth’s malicious-prosecution claim aside, Hurst is entitled to qualified immunity because, as he ex- plains, his actions did not violate clearly established law. … is entitled to qualified immunity

Locke v. Shore

634 F.3d 1185 · 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 interi- or designer to qualify for a Florida license. See Fla. Stat. § 481.209 (2); Fla. … We conclude, however, that because this burden is one shared by Florida and out-of-state firms alike, the burden is not clearly excessive in relation to the requirement’s local benefit.

Keith A. Sylvester v. APD Inv. James Barnett

94 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Mar 11, 2024

And if a jury finds such misconduct, qualified immunity will not shield Detective Barnett from liability. … or omissions violates clearly established law.

Donna Tealer v. R. Byars

Court of Appeals for the Eleventh Circuit · Feb 6, 2025

Instead, we conclude that qualified immunity bars Tealer’s claims. … And because qualified immunity can be a defense from suit—not just liability—“it is ‘important for a court to ascertain the validity of a qualified immunity defense as early in the lawsuit as possible

Randall R. Prevatt v. City of Gainesville, Florida

657 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Aug 8, 2016

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … To avoid summary judgment based on qualified immunity, Plaintiff must show both that Defendant Officers violated a federal right and that the right was already clearly established when Defendant Officers acted.

Wendall Jermaine Hall v. Plumber Official

446 F. App'x 184 · Court of Appeals for the Eleventh Circuit · Nov 2, 2011

clearly established at the time of violation.” … We choose first to examine the “clearly established” law element of Marvez’s qualified immunity defense.

Florida v. Seminole Tribe of Florida

181 F.3d 1237 · Court of Appeals for the Eleventh Circuit · Jul 20, 1999

For a general discussion of the three classes of tribal gaming established by the litigation-spawning juggernaut known as IGRA, see Seminole Tribe v. … A suit against an Indian tribe is therefore barred unless the tribe clearly waived its immunity or Congress expressly abrogated that immunity by authorizing the suit. See Kiowa Tribe v.

Morris L. Williams v. The Miami-Dade Police Dept.

297 F. App'x 941 · Court of Appeals for the Eleventh Circuit · Oct 29, 2008

Qualified immunity does not apply where a government official, sued in his individual capacity, engages in conduct that violates clearly established statutory or constitutional rights of which a reasonable person would … Qualified immunity does not apply, however, where a government official engages in conduct that violates clearly established constitutional rights. Bashir, 445 F.3d at 1327.

Goodlin v. Medtronic, Inc.

167 F.3d 1367 · Court of Appeals for the Eleventh Circuit · Feb 18, 1999

The FDA's approval is clearly specific to the device under review, but because the approval itself neither reveals nor imposes any ascertainable substantive prerequisite for approval that we could compare to a purportedly … under the MDA for so long after the statute's enactment if Congress, in fact, had intended to provide immunity in 1976.

Rodriguez v. Secretary for the Department of Corrections

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

Neither Kugler nor Johnson argues on appeal that he is shielded from suit by qualified immunity. We therefore express no view on the application of qualified-immunity principles to these facts. . … And, as noted above, they do not argue qualified immunity, i.e., that they have not violated clearly established law. .

Odyssey Marine Exploration, Inc. v. Kingdon of Spain

Court of Appeals for the Eleventh Circuit · Sep 21, 2011

The FSIA establishes two broad grants of immunity, which apply to different types of claims and are subject to different sets of exceptions. … Odyssey claims these cases 39 establish a sovereign may claim immunity in an in rem admiralty action only when the sovereign is in possession of the res.

29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker, Cross-Appellants v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada, Cross-Appellee. Curtis Jackson, W. C. McClendon Lige Scretchen v. Seaboard Coast Line Railroad, Co., Brotherhood Railway Carmen of the United States and Canada

678 F.2d 992 · Court of Appeals for the Eleventh Circuit · Jun 17, 1982

Toledo, 446 U.S. at 640 , 100 S.Ct. at 1924 (finding no reasonable basis for requiring plaintiffs to anticipate a defense of qualified immunity to a § 1983 claim). … The district court required appellees to establish 1) the existence of past discrimination at the Waycross Yard, 2) that each appellee was qualified to perform as a carman, and 3) that after each appellee became qualified

David Tealer v. R. Byars

Court of Appeals for the Eleventh Circuit · Feb 6, 2025

Rather, we conclude that qualified immunity bars Tealer’s claims. 1. … Then the district court went on to conclude that the Officers were entitled to qualified immunity because their conduct did not violate clearly established law.

Lynda L. Willis v. Conopco, Inc., A.K.A. Lever Brothers Company, A.K.A. Unilever

108 F.3d 282 · Court of Appeals for the Eleventh Circuit · Mar 25, 1997

Edelson provided to Defendant a letter saying as follows: [Plainttfi] has been exposed to various chemicals in the work environment at [Defendant’ plant]_ She definitely has immune system abnormalities and I think, she should … Reassignment to another position is a required accommodation only if there is a vacant position available for which the employee is otherwise qualified. 42 U.S.C. § 12111 (9)(B).

Laura Pena v. Christopher Marcus

Court of Appeals for the Eleventh Circuit · Nov 6, 2017

Qualified Immunity Qualified immunity protects government officials from suit if they are “performing discretionary functions” and “their conduct does not violate clearly established statutory or constitutional … There are three ways for a plaintiff to prove that a right is clearly established: “(1) case law with indistinguishable facts clearly establishing the constitutional right, (2) a broad statement of principle within the