Case law

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, . . .

Leslie Wayne Hill v. Mike Hale

637 F. App'x 577 · Court of Appeals for the Eleventh Circuit · Feb 11, 2016

Moreover, qualified immunity limits suit against state officials in their individual capacities. … Here, even assuming a due process violation exists, the violation alleged is not “clearly established.” Reputational injury alone is insufficient to invoke the due process clause. Smith ex rel. Smith v.

Robin Fisher v. United States

995 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Apr 27, 2021

It argued that the United States was immune from suit because the FTCA, which waives sovereign immunity in specified instances, authorizes only those tort actions that can be brought against private persons under state … or] trespassers”—not that it excludes some otherwise unmentioned subcategory of invitees.5 5 We are aware, of course, of the general interpretive principle that statutes that alter settled common-law rules must do so clearly

Signature Pharmacy, Inc. vs Alex Wright

438 F. App'x 741 · Court of Appeals for the Eleventh Circuit · Jul 19, 2011

Qualified Immunity Qualified immunity protects officials from civil liability in the performance of discretionary functions “so long as their conduct does not violate any ‘clearly established statutory or constitutional … The plaintiff must show (1) there was a constitutional right clearly established at the time of the defendant’s alleged misconduct; and (2) the defendant’s conduct violated that clearly established constitutional right

Gordon v. Kevin Beary

444 F. App'x 427 · Court of Appeals for the Eleventh Circuit · Oct 26, 2011

“‘Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … Ct. at 822 (“An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.”).

Garcia v. Public Health Trust of Dade County

841 F.2d 1062 · Court of Appeals for the Eleventh Circuit · Apr 4, 1988

The application of Spanish law would directly circumvent the established policy in Florida regarding employer immunity. 4 Given the facts and policy reasons presented in this case, the district court was correct in its application … If Florida follows this section, clearly Garcia would be precluded from recovery under Spanish law.

Crum v. State of Alabama

198 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Dec 29, 1999

Ed. 842 (1890) (“The truth is that the cognizance of suits and actions unknown to the law, and forbidden by the law, was not contemplated by the constitution when establishing the judicial power of the United States.”). … We are unable to reconsider Fitzpatrick since the Supreme Court has clearly held that “if a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions

Richardson v. Leeds Police Department

71 F.3d 801 · Court of Appeals for the Eleventh Circuit · Dec 15, 1995

Section 2000e-2(a)(1) of the 1964 Act, however, clearly applies to the allegations. … to seek qualified applicants.

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).

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.

Joaquin Gonzalez v. Butts County Georgia

522 F. App'x 742 · Court of Appeals for the Eleventh Circuit · Jun 27, 2013

Gonzalez argues that the officers’ actions violated his clearly established Fourth Amendment rights to be free from unlawful arrest and unreasonable search and seizure and that they are therefore not entitled to qualified … A public official is entitled to qualified immunity if he was performing a discretionary function and did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known

Guaranty Financial Services, Inc. v. Ryan

928 F.2d 994 · Court of Appeals for the Eleventh Circuit · Mar 25, 1991

It provides for no exceptions to the phaseout schedule it establishes. However, FIR-REA’s next section appears to establish one exception to the seemingly absolute requirements in Section 301, § 5(t)(3)(A). … The language of Section 401(g) does not clearly convey a congressional intention to qualify the phase-out of supervisory goodwill or any of the other new capital standards.

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.

Walker v. Prudential Property & Casualty Insurance

286 F.3d 1270 · Court of Appeals for the Eleventh Circuit · Mar 26, 2002

Based on this evidence, then, we cannot say that Jones’s decision not to post the position violated a clearly established personnel policy. … First, Van Hooven’s age was not clearly established in the record. Hyland guessed that she was about 45 in 1997, but he had no foundation for this guess other than his belief that she was older than he was.

Daniel K. Teal v. James Campbell

603 F. App'x 820 · Court of Appeals for the Eleventh Circuit · Mar 4, 2015

A plaintiff can overcome qualified immunity and demonstrate a violation of a clearly established constitutional right by pointing to a materially similar case decided by the Supreme Court, this Circuit or the relevant state … Ferraro, 284 F.3d at 1199 ("Under this test, the law is clearly established, and qualified immunity can be overcome, only if the standard set forth in Graham and our own case law inevitably lead every reasonable officer in

Stevens Technical Services, Inc. v. United States

913 F.2d 1521 · Court of Appeals for the Eleventh Circuit · Oct 10, 1990

Weyerhaeuser, 372 U.S. at 599-600, 83 S.Ct. at 927-28, 10 L.Ed.2d at 4. 68 In the Supreme Court the government argued that, "with respect to the amount paid [the employee] the established admiralty rule has been qualified … In none of them is the exclusion based on sovereign immunity.

United States v. David Loyd, Mark Soukenik, William Hood, Jake Loyd, Robert C. Kilpatrick, and Sidney Bedgood

743 F.2d 1555 · Court of Appeals for the Eleventh Circuit · Oct 16, 1984

Even after Speers was granted immunity and directed to answer questions by the court, he refused to testify. The court found Speers in contempt. … Thus the district court’s determination that the typed reports did not qualify under (e)(2) is not clearly erroneous.

Walker v. Mortham

158 F.3d 1177 · Court of Appeals for the Eleventh Circuit · Oct 28, 1998

The court then held that the district court was correct in determining that the plaintiff had failed to establish a prima facie case of sex discrimination for failure to promote because the plaintiff had "clearly failed to … at trial established that all the plaintiffs were qualified for all the positions they sought.

37 Fair empl.prac.cas. 1186, 36 Empl. Prac. Dec. P 35,220 William C. Turner v. Verne Orr, Secretary of the Air Force

759 F.2d 817 · Court of Appeals for the Eleventh Circuit · Apr 18, 1985

This is a factual determination which we review under the clearly erroneous standard. … Kelly was the best qualified candidate, the Defendants’ argument that the good faith requirement was met because the supervisors selected the best qualified candidate from a group of qualified candidates is without merit.

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.