Case law

Haberle v. University of Alabama

803 F.2d 1536 · Court of Appeals for the Eleventh Circuit · Nov 12, 1986

Haberle objected to the procedure used in disposing of his grievance on the following grounds: (1) the procedures were established on an ad hoc basis, (2) nowhere along the line did any of the administrators review Mr. … Because we decide this case on the merits, we need not address the appellees’ concerns with regard to their official immunity under Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

Tye Hilmo v. Erica Jackson

Court of Appeals for the Eleventh Circuit · Jun 23, 2023

Jackson is entitled to qualified immunity in the exercise of her discretionary authority “unless (1) she violated one or more constitutional rights and (2) it was clearly established at the time that … But on that front, Jackson is entitled to qualified immunity.

Caitlin Childs v. Dekalb County, Georgia

286 F. App'x 687 · Court of Appeals for the Eleventh Circuit · Jul 18, 2008

Finally, the defendants argue that, even if Maphet did violate the plaintiffs’ First Amendment rights, he is entitled to qualified immunity because the right was not clearly established at the time of the violation.4 … Finally, the defendants argue that, even if they violated the plaintiffs’ Fourth Amendment rights, they are still entitled to qualified immunity on the ground that those rights were not clearly established.

United States v. Ramon Diaz

662 F.2d 713 · Court of Appeals for the Eleventh Circuit · Nov 23, 1981

The burden of establishing withdrawal is on the Defendant. … The record clearly reflects, however, that, despite the grant of immunity, Gelebert’s hostility was directed to the government, rather than to Diaz.

Melissa Barbee v. Naphcare, Inc.

216 F. App'x 851 · Court of Appeals for the Eleventh Circuit · Feb 6, 2007

immunity because they were acting within their discretionary authority and the right to be free from racial discrimination in employment based upon interracial association was clearly established. … On appeal, Curry and Smitherman argue that Barbee’s complaint fails to state a claim for violation of a “clearly established “ constitutional right, and that they are entitled to qualified immunity on Count VI.

Florida, Department of Business Regulation v. United States Department of the Interior

768 F.2d 1248 · Court of Appeals for the Eleventh Circuit · Aug 16, 1985

Clearly, this relief would operate against the sovereign. See Hawaii v. … Waiver of Sovereign Immunity Given that the United States is the real party in interest in this litigation, appellants must establish that the United States has waived its immunity with respect to this kind of lawsuit.

Donald W. Toenniges v. Patricia Brown

672 F. App'x 889 · Court of Appeals for the Eleventh Circuit · Nov 28, 2016

Henderson is entitled to qualified immunity. A reasonable doctor in Dr. Henderson’s shoes could have read Dr. … Ajibade is also entitled to qualified immunity. We turn now to plaintiff’s deliberate indifference claims against Dr. Ayers and Nurse Practitioner Brown.

A.W. by and through J.W. v. Coweta County School District

110 F.4th 1309 · Court of Appeals for the Eleventh Circuit · Aug 7, 2024

They also argued that the complaint failed to state a constitutional violation by either de- fendant and that Hildebrand enjoys qualified immunity. … It also ruled that the students had failed to state a constitutional claim against Hildebrand and alternatively that she was entitled to qualified immunity.

Panola Land Buyers Ass'n v. Shuman

762 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Sovereign Immunity The district court held that sovereign immunity bars judicial review of this action. We disagree. … Nor will exhaustion be required if the claim clearly will be denied, or where administrative action will not resolve the merits of the claim, as in a constitutional attack on the administrative scheme.

Robert Griffin v. Troy State University

128 F. App'x 739 · Court of Appeals for the Eleventh Circuit · Apr 20, 2005

“We review the district court’s grant of qualified immunity de novo to the extent the appeal concerns pure issues of law, including whether the underlying law governing official conduct was clearly established.” … “Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established 3 statutory

Vincenzo Gurrera v. Palm Beach County Sheriff's Office

657 F. App'x 886 · Court of Appeals for the Eleventh Circuit · Aug 1, 2016

A defendant official is entitled to qualified immunity unless a plaintiff can demonstrate both that the officer committed a constitutional violation and that the right at issue was “clearly established” at the time of … Furthermore, we have held that officers are not entitled to qualified immunity if they “fabricated or unreasonably disregarded certain pieces of evidence to establish probable cause or arguable probable cause.”

Eric Watkins v. United States Postal Employee

Court of Appeals for the Eleventh Circuit · May 4, 2015

In considering whether an official is entitled to qualified immunity, the court must decide whether the facts alleged show the defendant violated a constitutional right and whether the right was clearly established. … Additionally, we find that White is entitled to qualified immunity for her actions.

Danny J. Hicks v. Joe Ferrero

241 F. App'x 595 · Court of Appeals for the Eleventh Circuit · Jun 22, 2007

“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 … Sikes and Taylor were entitled to qualified immunity in their individual capacities, because the facts alleged, even if ultimately proven true, do not show that they violated a clearly established constitutional right.

Humphrey v. Napolitano

517 F. App'x 705 · Court of Appeals for the Eleventh Circuit · Apr 19, 2013

The district court granted DHS’s motion for summary judgment, finding that Humphrey neither experienced an adverse employment action *707 nor established that he was treated differently than similarly-situated employees. … The district court dismissed Humphrey's claims against the Equal Employment Opportunity Commission (EEOC) because "sovereign immunity shields federal agencies from suit.”

Canino v. United States Equal Employment Opportunity Commission

707 F.2d 468 · Court of Appeals for the Eleventh Circuit · Jun 16, 1983

The complaint in a disparate treatment Title VII action must initially establish a prima facie case of discrimination by showing (1) that the plaintiff belongs to a protected group; (2) that he applied and was qualified for … The district court found that the unrebutted evidence showed that Canino had not qualified for promotion to these GS-15 positions and therefore could not establish a prima facie case of discrimination.

Tague v. Florida Fish & Wildlife Conservation Commission

154 F. App'x 129 · Court of Appeals for the Eleventh Circuit · Oct 7, 2005

On appeal, Tague argues the district court erred by dismissing his complaint, after finding that Gier was entitled to qualified immunity from suit because the law in Florida was not clearly established on the issue of … The defense of qualified immunity may be raised and addressed on a motion to dismiss and will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Chesser v.

Veronika Kollar v. Thad M. Rhodes

503 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Jan 17, 2013

DISCUSSION Qualified immunity protects government officials sued in their individual capacities so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … clearly established at the time the official acted.

Gina Petithomme v. Counmty of Miami-Dade

511 F. App'x 966 · Court of Appeals for the Eleventh Circuit · Mar 8, 2013

STANDARD OF REVIEW When a defendant raises the defense of qualified immunity in a motion to dismiss, we “review the denial of [the motion] de novo and determine whether the complaint alleges a clearly established … clearly established.

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.

McClendon v. Georgia Department of Community Health

261 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Aug 17, 2001

Because the Eleventh Amendment represents a constitutional limitation on the federal judicial power established in Article III, see Pennhurst State Sch. & Hosp. v. … It was established by Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq. (“Medicaid Act”), and is administered in Georgia by the Department of Community Health, see O.C.G.A. § 49-4-142(a).