Case law

Steven W. Flohr Susan Flohr v. Joseph MacKovjak

84 F.3d 386 · Court of Appeals for the Eleventh Circuit · May 31, 1996

Orders denying absolute or qualified immunity are embraced within the collateral order doctrine of Cohen. See Mitchell v. Forsyth, 472 U.S. 511, 528-29 , 105 S.Ct. 2806, 2816-17 , 86 L.Ed.2d 411 (1985). … First, the Army is clearly in a position to control the use of vehicles by personnel sent on business trips so as to limit the risk of accidents.

In Re: James Howard Sams

830 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Jul 26, 2016

June 8, 2016) (concluding that a companion conviction for substantive Hobbs Act robbery “clearly qualifies as a ‘crime of violence’ under the use-of-force clause in § 924(c)(3)(A)” without regard to the § 924(c)(3)(B) residual … § 2113(a) and (d), “clearly” qualifies as a “crime of violence” under the § 924(c)(3)(A) use-of-force clause without regard to the § 924(c)(3)(B) residual clause); In re Colon, ___ F.3d ___, ___, Nos. 16-13021-J, 16-13264

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.”

Brenda Presley v. City of Blackshear

340 F. App'x 567 · Court of Appeals for the Eleventh Circuit · Aug 7, 2009

In the past, a defendant’s claim of qualified immunity required a two-step analysis. … basis of qualified immunity and need not decide whether there was a constitutional violation.

Harmon David Brock v. City of Zephyrhills

232 F. App'x 925 · Court of Appeals for the Eleventh Circuit · May 18, 2007

right with a qualified immunity. … In the final step, the plaintiff must establish that the constitutional right was clearly established when the violation occurred. Saucier, 533 U.S. at 201, 121 S. Ct. at 2156.

William H. Melendez v. Barry Reddish

Court of Appeals for the Eleventh Circuit · Aug 20, 2024

We also lack interlocutory jurisdiction over that argument since it similarly does not concern any “core qualified immunity” issues and does not in- volve “the application of established legal principles … established law.

William H. Melendez v. Robert Brown

Court of Appeals for the Eleventh Circuit · Aug 20, 2024

We also lack interlocutory jurisdiction over that argument since it similarly does not concern any “core qualified immunity” issues and does not in- volve “the application of established legal principles … established law.

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.

Anthony McCormick v. City of Fort Lauderdale, Jonathan Walker, Officer

333 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Jun 11, 2003

immunity because McCormick offered no evidence that Officer Welker’s conduct violated clearly established constitutional law. 11  McCormick argues on appeal that … Officer Welker would still have the benefit of qualified immunity at summary judgment. 19  B.

Frederick S. Koger v. State of Florida

130 F. App'x 327 · Court of Appeals for the Eleventh Circuit · May 3, 2005

“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 … Thus, it is “appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional right.’”

Hechler v. International Brotherhood of Electrical Workers

772 F.2d 788 · Court of Appeals for the Eleventh Circuit · Sep 30, 1985

The suit is clearly brought as an action in tort seeking recovery for wrongful death due to the alleged negligence of the defendants. … The Memorandum clearly provides that the determination of whether an Apprentice is qualified to work on conductors carrying more than 500 volts will be made by the Apprentice himself, the Foreman supervising the Apprentice

Javier Garcia v. David Riley

Court of Appeals for the Eleventh Circuit · Sep 10, 2021

On appeal, Riley and Jewell argue that the district court improperly shifted Garcia’s burden to them and that it misapplied the “clearly established law” prong of the qualified immunity analysis. … The district court did not require Riley and Jewell to “indisputably establish” a non- racial motive to receive qualified immunity.

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.

J.W. Ex Rel. Williams v. Roper

541 F. App'x 937 · Court of Appeals for the Eleventh Circuit · Sep 19, 2013

But to survive summary judgment on the qualified-immunity issue, Plaintiffs must present evidence (1) the Officers violated their constitutional rights; and (2) those rights were “clearly established” when the violations … Unlike qualified immunity, state-agent immunity does not turn on the existence of a “clearly established” constitutional right; instead, it asks whether the officers acted willfully or maliciously.

Cynthia Yates v. Cobb County School District

687 F. App'x 866 · Court of Appeals for the Eleventh Circuit · May 4, 2017

Qualified Immunity To be eligible for qualified immunity, a government official must establish that he was acting within the scope of his discretionary authority. Mathews v. … As to the second prong of the qualified-immunity inquiry, a constitutional right is clearly established if “its contours [are] sufficiently clear that a reasonable official would understand that what [he or she] is doing

Barber v. International Brotherhood of Boilermakers

778 F.2d 750 · Court of Appeals for the Eleventh Circuit · Dec 23, 1985

Full-fledged boilermakers are referred at the rate established in the Articles, which typically is called the 100% rate. Those who are not fully qualified boilermakers are paid at lesser rates. … CONCLUSION The district court’s ultimate finding of intentional discrimination is clearly erroneous because the evidence at trial failed to establish disparate treatment.

Lanfear v. Home Depot, Inc.

536 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Jul 31, 2008

Because the former employees do not argue that they qualify as beneficiaries, they 8 may sue for breach of fiduciary duty only if they qualify as participants of the plan. … In Bickley, we concluded that a similar grant of discretionary authority was sufficient to establish the availability of an administrative remedy. 461 F.3d at 1329–30.

Randolph Cooper v. Shawn Lister

Court of Appeals for the Eleventh Circuit · Aug 9, 2024

Qualified immunity shields public officials from civil liability if their conduct does not violate clearly established law “of which a reasonable person would have known.” Simmons v. … Once discretionary authority is established, the bur- den shifts to the plaintiff to show that qualified immunity is im- proper.

Abel Martinez v. City Of Pembroke Pines

648 F. App'x 888 · Court of Appeals for the Eleventh Circuit · Apr 21, 2016

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … Clearly Established Law Even assuming a constitutional violation, King is entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were “clearly established” at the time of the shooting

48 Fair empl.prac.cas. 282, 40 Empl. Prac. Dec. P 36,107 Melba J. Taylor v. Hudson Pulp and Paper Corporation

788 F.2d 1455 · Court of Appeals for the Eleventh Circuit · May 9, 1986

In order to establish such discrimination, a plaintiff must demonstrate: (1) that she belongs to a protected minority; (2) that she applied for and was qualified for a job for which the employer was seeking applicants; (3 … the most qualified.