Case law

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.

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

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.

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.

Ira Lee McQueen v. Shedrick Johnson

506 F. App'x 909 · Court of Appeals for the Eleventh Circuit · Feb 5, 2013

established law.’” … Qualified immunity “offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable

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.

Andrews v. Ledbetter

880 F.2d 1287 · Court of Appeals for the Eleventh Circuit · Aug 21, 1989

The DOE has developed a state plan meeting with federal approval that qualifies Georgia for federal funding. … However, the Act's procedural safeguards clearly are designed to provide handicapped children and their parents or guardians a way to assert a handicapped child's right to a free appropriate public education.

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.

Garcia v. Public Health Trust

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.

De Quan Yu v. U.S. Attorney General

568 F.3d 1328 · Court of Appeals for the Eleventh Circuit · May 27, 2009

The fact that authorities fined Yu and tried to arrest him, but never detained or physically harmed him, is insufficient to establish past persecution. See id. … Yu has thus also failed to establish a well-founded fear of future persecution. See Matter of J-S-, 24 I. & N. Dec. at 537-38.

White v. Lemacks

183 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Aug 10, 1999

It also asserted that all of the defendants had qualified immunity, sovereign immunity, or official immunity, and that the request for punitive damages should be dismissed. … existed between Cornelius and the town officials and as to whether she faced a special danger from the work squad inmates, see id. at 355-59, which is to say that if she could prove the facts asserted, Cornelius would establish

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

Major League Baseball, Alan H. Selig, Tampa Bay Devil Rays, LTD., Florida Marlins Baseball Club, LLC v. Charlie Crist

331 F.3d 1177 · Court of Appeals for the Eleventh Circuit · May 27, 2003

So far, we have established two key points. … Section 542.28 establishes two standards that CIDs must meet.

Leal v. SECRETARY, US DEPT. OF HHS

620 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Sep 22, 2010

The consistency between the Hospital’s letters and its report to the Data Bank establishes the report’s factual accuracy in the only sense that matters under the Act. … The plain language of § 11151(9) makes it clear that actual harm to a patient is not a prerequisite for a disciplinary action to qualify as a professional review action.

Sebastian Kothmann v. Luz Rosario

558 F. App'x 907 · Court of Appeals for the Eleventh Circuit · Mar 7, 2014

The district court denied Rosario’s alternative summary judgment motion without prejudice as premature.3 On appeal, Rosario argues that she deserves qualified immunity because no law clearly establishes that inmates … Of course, as the court below noted, Rosario would be entitled to qualified immunity if she can establish that 8  Case: 13-13166 Date Filed: 03/07/2014 Page

Andrx Pharmaceuticals v. Elan Corporation

421 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Aug 29, 2005

To prevail on the argument that Noerr-Pennington immunity should be abrogated based on the sham litigation exception, a litigant must establish that: (1) “the lawsuit [is] objectively baseless in the sense that no reasonable … On remand, because the district court did not clearly abuse its discretion in denying Andrx’s motion for leave to amend, the district court’s inquiry should be limited to the allegations of antitrust violations contained

Allison v. McGhan Medical Corp.

184 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Aug 18, 1999

Oblique references to local injury in the initial brief are clearly inadequate to preserve the issue. … Cytokines themselves indicate an activation of the immune mechanism. Because of their short half-life, they are very difficult to measure in humans.

Wayne Anthony Agee v. J.D. White, Warden and Attorney General of the State of Alabama, Respondents

809 F.2d 1487 · Court of Appeals for the Eleventh Circuit · Feb 13, 1987

Clearly, such an “invitation” was not one to be refused. Indeed, appellant not only was not “free to go,” he in fact was “physically restrained” with handcuffs. See Dunaway v. … The record does not clearly indicate the grounds relied upon by the trial court in admitting the statements.

United States Fire Insurance Company and Ottis Foster v. United States

806 F.2d 1529 · Court of Appeals for the Eleventh Circuit · Dec 31, 1986

Having established that there is a discretionary function exception to the United States’ waiver of sovereign immunity in the PVA, we now must decide whether this exception applies in this action to abrogate federal subject … In particular, where the government employee’s allegedly negligent acts were permitted under a government manual, the discretionary function exception clearly applies only where the manual either required that the employee

Herbert W. Perkins v. Michael C. Thrasher

701 F. App'x 887 · Court of Appeals for the Eleventh Circuit · Jul 19, 2017

The district court granted Thrasher’s motion for summary judgment on the § 1983 excessive force claim based on qualified immunity. … “Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took place.”