Case law

Mary E. Walters v. Paul Freeman

572 F. App'x 723 · Court of Appeals for the Eleventh Circuit · Jul 16, 2014

Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they “violate[] clearly established federal statutory or constitutional … Because the facts, viewed in the light most favorable to Walters, demonstrate that Freeman violated her clearly established constitutional rights, the district court properly denied qualified immunity to Freeman.

Andrew B. Bloom v. Melissa Peacock

498 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Nov 19, 2012

Further, a defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … To determine if an officer is entitled to qualified immunity, courts must determine (i) whether the plaintiff’s allegations establish a constitutional violation, and (ii) whether the constitutional violation was clearly

Randall Kevin Jones v. Officer S. Fransen

857 F.3d 843 · Court of Appeals for the Eleventh Circuit · May 19, 2017

Nor does binding precedent allow for the conclusion that Defendant Officers’ employment of Draco in the circumstances of this case violated Jones’s clearly established rights, so the officers have qualified immunity. … In summary, we conclude that Defendant Officers Fransen, Towler, and Ross are entitled to qualified immunity because binding precedent does not clearly establish that their actions in allowing Draco to apprehend Jones violated

Ruben Sebastian v. Javier Ortiz

918 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Mar 14, 2019

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Now to the “clearly established” question. A plaintiff can show the violation of a clearly established right in a few ways. See Vinyard, 311 F.3d at 1350–52.

Douglas Echols v. Spencer Lawton

913 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jan 25, 2019

The district court also ruled that Lawton enjoys qualified immunity because Echols's complaint failed to allege the violation of a right that was clearly established when Lawton sent his letter. *1319 II. … To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that "was 'clearly established' at the time of the challenged conduct." Plumhoff v.

Woodyard v. Alabama Department of Corrections

700 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Jun 30, 2017

rights and (2) that those rights were “clearly established” at the time of the violation. … Because Woodyard must establish a genuine issue of material fact as to whether Leggett violated his constitutional rights before he can possibly overcome the officer’s qualified immunity defense, we address the district

Tammi Taylor v. Pam Palmer

Court of Appeals for the Eleventh Circuit · Jul 7, 2023

Taylor to overcome the mayor’s qualified immunity by showing (1) that the mayor violated a statutory or constitutional right and (2) that the right was clearly established at the time of the challenged conduct … What matters here is not how this issue would be resolved on the merits but only that the law was not clearly established—so the mayor has qualified immunity.

The Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport

906 F.3d 934 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018

And he maintained that no authority clearly established that Davenport’s actions were unconstitutional. … On the contrary, the Court has explained that “[t]he conception animating the qualified immunity doctrine . . . is that ‘where an official’s duties legitimately require action in which clearly established rights are not

Mikko v. City of Atlanta, Georgia

857 F.3d 1136 · Court of Appeals for the Eleventh Circuit · May 26, 2017

Clearly Established Law To deprive the prosecutors of qualified immunity Mikko must show that their alleged actions violated a statutory or constitutional right that was clearly established at the time of their conduct … In order for the law to be clearly established to the point that qualified immunity does not apply, the unlawfulness of the defendant’s actions must be apparent in light of pre-existing law. Hope v.

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

886 F.3d 1132 · Court of Appeals for the Eleventh Circuit · Apr 2, 2018

Rights may be clearly established for qualified immunity purposes by one of three methods: (1) “case law with indistinguishable facts clearly establishing the constitutional right,” (2) “a broad statement of principle within … We further determine that these rights were clearly established at the time of the seizure such that Beatty is not entitled to qualified immunity.

Piazza v. Jefferson Cnty.

923 F.3d 947 · Court of Appeals for the Eleventh Circuit · May 9, 2019

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." Foy v. … We don't rely on Glasscox because law can be clearly established for overcoming qualified immunity only if it is established prior to the relevant events, and Hinkle's death occurred in 2014, four years before Glasscox issued

Amber Jackson v. Cody Swanger

97 F.4th 1343 · Court of Appeals for the Eleventh Circuit · Apr 5, 2024

An officer exercising a dis- cretionary function is entitled to qualified immunity on a claim that his investigatory stop violated the Fourth Amendment unless “he was violating clearly established law.” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).

Suissa v. Fulton County, GA

74 F.3d 266 · Court of Appeals for the Eleventh Circuit · Feb 6, 1996

Because that component of qualified immunity is established, "the burden shifts to the plaintiff to demonstrate that the defendant "violated clearly established constitutional law.' " Id. … Just as no decision clearly establishes that the First Amendment is violated by an unsuccessful attempt to influence protected speech in general, none clearly establishes that it is violated by an unsuccessful attempt

Douglas Fuqua v. Brett Turner

996 F.3d 1140 · Court of Appeals for the Eleventh Circuit · May 6, 2021

The District Court agreed that Collier was entitled to qualified immunity with respect to the federal claims because, assuming Collier violated Fuqua’s Fourth Amendment rights, the violation was not clearly established … 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 person would have

Ed Rich v. Larry C. Dollar

841 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Apr 15, 1988

damages action by qualified immunity pursuant to Harlow v. … However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the challenged actions

Nilesh S. Patel v. James Smith

969 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Aug 11, 2020

qualified immunity. … immunity—that is, whether the right that Patel alleges was clearly established.

Stephen G. Loftus v. Ester Clark-Moore

690 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall

245 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Mar 29, 2001

Because Hall had arguable probable cause to arrest Scarbrough and Davis, he violated no clearly established law and is entitled to qualified immunity. 9 *1304 The district judge denied immunity to Myles, who was not involved … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[ujnder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law.”

Harper v. Lawrence County, Ala.

592 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Jan 6, 2010

Were Harper’s rights clearly established at the time? … Were Harper’s rights clearly established at the time?

Jerry Nelson v. Keyvon Sellers

89 F.4th 1289 · Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.