Case law

Katherine Thomas v. Darren Moody

653 F. App'x 667 · Court of Appeals for the Eleventh Circuit · Jun 24, 2016

Moreover, on June 28, 2012, it was not clearly established 4 On this record, this case is unlike Morton v. … Because Moody violated no constitutional right, let alone a clearly established one, we conclude that he is entitled to qualified immunity. AFFIRMED. 17

Richard John Lucibella v. Richard Ermeri

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

Lucibella’s right to be free from an excessive use of force was clearly established Turning to the second prong of the qualified immunity analysis, under Lucibella’s account … established as to Lucibella’s excessive force claim, it ultimately denied qualified immunity to the officers.

J.B. v. Sheriff Larry Amerson

519 F. App'x 613 · Court of Appeals for the Eleventh Circuit · May 28, 2013

was clearly established that Amerson’s use of force was excessive under the circumstances. … To defeat Amerson’s summary judgment motion and qualified immunity defense, J.B. must show that, (1) Anderson’s conduct violated his constitutional right to be free from excessive force, and (2) his right was clearly established

United States v. Daniel Charles Kirk

767 F.3d 1136 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

First, he argues that his prior burglary offenses do not qualify as “violent felonies” under the ACCA. … Scott, 263 F.3d 1270, 1273 (11th Cir. 2001) (reaffirming the holding that “the jurisdictional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes

Joshi v. Florida State University Health Center

763 F.2d 1227 · Court of Appeals for the Eleventh Circuit · Jun 21, 1985

This finding of fact is clearly erroneous for two reasons: (1) Drs. … The court’s finding that Heller and Latey were at least as qualified as Joshi is not clearly erroneous.

Michael D. Pope, Jr. v. Officer Dozier

Court of Appeals for the Eleventh Circuit · Jul 8, 2024

established law. … The denial of qualified immunity is an appealable “final decision,” 28 U.S.C. § 1291, when it turns on an issue of law. Mitchell v. Forsyth, 472 U.S. 511, 530 (1985).

Weissman v. NATIONAL ASS'N OF SECURITIES DEALERS

500 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Sep 18, 2007

Because the establishment of those standards was a duty delegated to NASDAQ by the SEC, NASDAQ is entitled to absolute immunity for its communication of those standards to investors. … First, I see nothing in Leatherman to suggest that the limitation on heightened pleading was premised on the availability of qualified immunity in particular as a defense.

Deborah Rice-Lamar v. City of Ft. Lauderdale

Court of Appeals for the Eleventh Circuit · Nov 8, 2000

The court also concluded that the individual defendants were immune from suit under the doctrine of qualified immunity. We now affirm the court’s judgment. … (We therefore do not reach the question whether any individual defendant is entitled to qualified immunity.) II.

Terrell Daniels, Jr. v. Kadarius Blakley

Court of Appeals for the Eleventh Circuit · May 28, 2025

The defendants moved for summary judgment on qualified immunity grounds. … Qualified immunity protects officers from suit unless they violated a clearly established constitutional right. See Case v. Es- linger, 555 F.3d 1317, 1325 (11th Cir. 2009).

Vandewalle v. Leon County Florida

661 F. App'x 581 · Court of Appeals for the Eleventh Circuit · Sep 9, 2016

immunity. … Because Penton has not shown a constitutional violation, she cannot meet her burden of demonstrating that Seitz is not entitled to qualified immunity.

Kyle McClamma v. Josepha Michelle Remon

Court of Appeals for the Eleventh Circuit · Mar 28, 2014

established in similar circumstances,” and, therefore, was unable to show that qualified immunity should not apply. … McClamma has not met his burden of showing that Officer Remon violated a clearly established right, and, therefore, has not shown that qualified immunity is inappropriate in this circumstance.

Eric Youngblood, Sr. v. City of Georgiana, Alabama

Court of Appeals for the Eleventh Circuit · Jun 9, 2025

a constitutional right that (2) was clearly established at the time of the violation. … Further, to win on qualified immunity’s clearly-established-law prong, Youngblood must do even more: he must establish that USCA11 Case: 23-13142 Document: 68-1 Date Filed: 06/09/2025 Page: 13 of 17

James M. Daniels v. John Bango

487 F. App'x 532 · Court of Appeals for the Eleventh Circuit · Aug 20, 2012

Here, Bango argues that his actions, which are undisputed, did not violate clearly established constitutional rights; therefore, we find the appeal of the district court’s qualified immunity determination proper. … Qualified Immunity Qualified immunity is “an entitlement not to stand trial . . . when a government actor’s discretionary conduct does not violate clearly established statutory or constitutional rights of which a

Mullis v. Cobb County Board of Commissioners

202 F. App'x 364 · Court of Appeals for the Eleventh Circuit · Oct 24, 2006

We have often stated that “[q]ualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … “Once eligibility for qualified immunity is established, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Valdes, 450 F.3d at 1236.

Corey McClendon v. Gary Long

22 F.4th 1330 · Court of Appeals for the Eleventh Circuit · Jan 19, 2022

’ claims for damages in their individual capacities, as they had not violated any clearly established law. … On appeal, they do not challenge the district court’s rulings as to damages or qualified immunity.

Keith Taig v. City of Vero Beach

Court of Appeals for the Eleventh Circuit · May 25, 2023

Qualified Immunity Bars Taig’s Claims Against the Officers. … Qualified immunity shields officials acting within their dis- cretionary authority from liability when their conduct does not vi- olate a federal constitutional right that was clearly established at USCA11

Miccosukee Tribe of Indians of Florida v. Billy Cypress

814 F.3d 1202 · Court of Appeals for the Eleventh Circuit · Dec 23, 2015

First, tribes enjoy an affirmative defense of sovereign immunity as to many civil actions, subject to the limitation that Congress maintains plenary authority to restrict tribes’ sovereign immunity. … . §§ 1331, 1362, and the Tribe has met its burden of establishing jurisdiction. See Tetco Metal Products, Inc. v.

Gerard Marchelleta, Jr. v. Patricia Bergstrom

Court of Appeals for the Eleventh Circuit · Sep 25, 2018

Marchelletta’s out- of-circuit cases do not clearly establish anything with respect to defendants in this circuit. See Hall ex rel. Jenkins v. … Talladega City Bd. of Educ., 115 F.3d 821, 827 n.4 (11th Cir. 1997) (en banc) (“In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Payton v. City of Florence, AL

413 F. App'x 126 · Court of Appeals for the Eleventh Circuit · Jan 21, 2011

was present in the home and they did not violate clearly established law; and (2) the officers were entitled to qualified immunity from Payton’s excessive force claim because Officer McCreless’s use of force against Payton … We need not reach the “clearly established” prong of the qualified immunity analysis. We turn to plaintiff Payton’s excessive force claim, where the result is different. C.

Carolyn McCreary v. Brevard County Sheriff Jack Parker

456 F. App'x 790 · Court of Appeals for the Eleventh Circuit · Jan 25, 2012

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 … As discussed above, there is no doubt that such a violation would be of a clearly established right.