Case law

Charles ROBERTS, Plaintiff-Appellee, v. GADSDEN MEMORIAL HOSPITAL, Defendant-Appellant. Gadsden County, Florida, Defendant

835 F.2d 793 · Court of Appeals for the Eleventh Circuit · Jan 13, 1988

To establish a prima facie case, a plaintiff is required to prove that “he or she is a member of a protected minority, was qualified for and applied for the promotion, was rejected despite these qualifications, and that other … It is this Court’s opinion that such a finding was not clearly erroneous.

Eddie Tyrone Cranford v. United States

466 F.3d 955 · Court of Appeals for the Eleventh Circuit · Oct 5, 2006

The Public Vessels Act (PVA), 46 U.S.C. §§ 781-90, provides a waiver of sovereign immunity for admiralty claims involving public vessels. … We do not follow precedents that are “clearly inconsistent” with an intervening decision of the Supreme Court. See Garrett v. Univ. of Ala. at Birmingham Bd. of Trs., 344 F.3d 1288, 1292 (11th Cir. 2003).

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.

United States v. Jorge Luis Alicea

875 F.3d 606 · Court of Appeals for the Eleventh Circuit · Nov 9, 2017

As a result, the district court did not clearly err in applying a base offense level of 20. U.S.S.G. § 2K2.1(a)(4)(A). … Alicea had six qualifying convictions under § 4A1.1(c): the three New York convictions discussed above and three Florida convictions that he does not challenge on appeal.

A v. Richard Wayne Schair

744 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Mar 7, 2014

Ultimately, the district court found that the information relayed in the plaintiffs’ November 2012 status report “conclusively establishe[d] that the [domestic] federal criminal action [was] no longer pending against the … qualified immunity, Eleventh Amendment immunity, and double jeopardy.”

Rasikh Abdul Hakim, F.K.A. Kenneth D. Quince v. Milton Hicks W.C. Dixon H.D. Skeen Lisa M. Sanders C. Cornett Richard Tucker T.B. Long Celeste Kemp and Ted Key, Rasikh Abdul Hakim, F.K.A. Kenneth D. Quince v. Milton Hicks, W.C. Dixon, H.D. Skeen, C. Cornett, Richard Tucker

223 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Aug 4, 2000

Brown, 71 F.3d 724, 730 (9th Cir.1995) (denying qualified immunity because requirement that prison comply with dual-name policy for mail was clearly established under Ninth Circuit standard); Salaam v. … immunity Hakim's claims against DOC officers in their individual capacities.

Jerry Bainbridge v. John Bush

311 F.3d 1104 · Court of Appeals for the Eleventh Circuit · Nov 8, 2002

The regulatory framework establishes what is known as a “three-tier” distribution system — in essence a vertical quarantine. … manufacturers, distributors, and exporters of such beverages so delivered and to qualified bonded warehouses in this state. . .

Securities and Exchange Commission v. Michael Boudreaux

581 F. App'x 757 · Court of Appeals for the Eleventh Circuit · Sep 5, 2014

Qualified immunity is an immunity from suit that extends to government officials performing discretionary functions. See Harlow v. Fitzgerald, 457 U.S. 800, 817-18 (1982). … Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.”

James Steven Scott v. Kyle Palmer

686 F. App'x 631 · Court of Appeals for the Eleventh Circuit · Apr 19, 2017

The district court did not err by denying Palmer qualified immunity. … An officer is ineligible for qualified immunity if his “conduct . . . violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

State of Florida v. Seminole Tribe

181 F.3d 1237 · Court of Appeals for the Eleventh Circuit · Jul 20, 1999

For a general discussion of the three classes of tribal gaming established by the litigation- spawning juggernaut known as IGRA, see Seminole Tribe v. … A suit against an Indian tribe is therefore barred unless the tribe clearly waived its immunity or Congress expressly abrogated that immunity by authorizing the suit. See Kiowa Tribe v.

Ricky Stephens v. Town of Butler Alabama

261 F. App'x 240 · Court of Appeals for the Eleventh Circuit · Jan 8, 2008

Lovette asserts the district court erred in concluding he was not entitled to qualified immunity. … He specifically asserts the district court erred in concluding that his conduct violated clearly established law under the Fourth Amendment standard governing the treatment of arrestees.

Daniel R. Thompson v. Aaron A. Jasper

Court of Appeals for the Eleventh Circuit · Jun 22, 2012

The second step is to determine “whether the right violated was clearly established at the time of the violation.” Id. (quotation marks omitted). … If the officer had arguable probable cause to arrest for any offense, qualified immunity applies. Id.

Willie D. Carter v. Dekalb County, Georgia

521 F. App'x 725 · Court of Appeals for the Eleventh Circuit · Jun 4, 2013

Thus, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … To survive a motion to dismiss based upon qualified immunity, a plaintiff must allege sufficient facts to support a finding of a constitutional violation of a clearly established right. Chandler v. Sec. of Fla.

Starling v. Board of County Commissioners

602 F.3d 1257 · Court of Appeals for the Eleventh Circuit · Apr 6, 2010

In addition, the court ruled that Fisher was entitled to qualified immunity because Starling’s First Amendment right to intimate association with Smith was not clearly established. … established under the First Amendment. 3 Intimate association involves “choices to enter into and maintain certain intimate human relationships.”

Miccosukee Tribe of Indians v. Florida State Athletic Commission

226 F.3d 1226 · Court of Appeals for the Eleventh Circuit · Sep 13, 2000

The plaintiff has the burden to "clearly and specifically set forth facts sufficient to satisfy [ ] Art. III standing requirements." … Eleventh Amendment Immunity 4 Alternatively, the Florida Commission argues that this court can affirm the district court's holding on the basis that the Tribe can establish no set of facts under which Florida's

Frank A. Howell, Sr. v. City of Lithonia

397 F. App'x 618 · Court of Appeals for the Eleventh Circuit · Sep 28, 2010

right violated clearly was established. … Ferraro, 284 F.3d 1188, 1198-99 (11th Cir. 2002) (discussing the standards under which qualified immunity can be stripped in cases of excessive force).

Arango v. Guzman Travel Advisors

761 F.2d 1527 · Court of Appeals for the Eleventh Circuit · Jun 4, 1985

We can overturn the district court’s finding on this issue only if it is clearly erroneous, Fed.R.Civ.P. 52(a), and we conclude that it is not. … when immunity has been waived); Galloway v.

Corey Boone v. Dr. D. Gaxiola

665 F. App'x 772 · Court of Appeals for the Eleventh Circuit · Nov 4, 2016

The district court also determined that the defendants were shielded by qualified immunity. … This protection attaches unless the officials’ conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

In Re USA

624 F.3d 1368 · Court of Appeals for the Eleventh Circuit · Oct 28, 2010

The district court, without sufficient reason, sought to determine the priorities for a high-level executive official and clearly encroached on the discretion vested in the executive branch. … In contrast with Clinton , the Administrator is not being sued in her individual capacity about conduct that occurred before she took office nor are principles of qualified immunity raised by this petition.

Micheal Leslie Lake v. Michael Skelton

871 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Sep 28, 2017

Discussion Our decision in Manders established the analytical framework for deciding whether a state entity is an “arm of the State” entitled to sovereign immunity. … Contrary to our colleague’s assertions, Manders did not decide whether Georgia sheriffs are entitled to sovereign immunity when performing functions other than establishing and implementing force policies.