Case law

Francis Paxten Pruitt v. Deputy Kristen Gillespie

625 F. App'x 374 · Court of Appeals for the Eleventh Circuit · Aug 20, 2015

Gillespie filed a motion for summary judgment on her qualified immunity defense. … Pruitt, then, must prove that his constitutional rights were violated, and that the violated rights were clearly established at the time of his arrest under the decisions of the Supreme Court, this court, or the Supreme

Jeffrey Stanley v. Broward County Sheriff

843 F.3d 920 · Court of Appeals for the Eleventh Circuit · Dec 14, 2016

Although it addressed neither the function nor the state law at issue today, Manders is important because it established the four-factor test in light of the Supreme Court’s decision in McMillian. … The fourth and final factor -- the payment of adverse judgments -- was not clearly in favor of either side.

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.

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.

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

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.

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.

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.

Ramon Lopez v. USA

656 F. App'x 957 · Court of Appeals for the Eleventh Circuit · Jul 15, 2016

However, qualified immunity protects officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a … When a district court is evaluating a Rule 12(b)(6) motion to dismiss based on qualified immunity, it “should grant qualified immunity if the plaintiff’s complaint fails to allege a violation of a clearly established constitutional

Colin Runge v. Officer Randall Snow

514 F. App'x 891 · Court of Appeals for the Eleventh Circuit · Mar 27, 2013

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 … If the public official first shows that he was acting within the scope of his discretionary authority—a burden undisputably met by Appellants here—the burden shifts to the plaintiff to establish that qualified immunity

Carol Kimbell v. Clayton County, Georgia

170 F. App'x 663 · Court of Appeals for the Eleventh Circuit · Mar 14, 2006

Although both this court and the Supreme Court have held that a denial of qualified immunity is not immediately appealable where the only issue is evidence sufficiency, the denial of qualified immunity may be appealed to … Additionally, we agree with the district court’s finding that deliberate indifference to serious medical needs is a violation of clearly established law. See Behrens, 516 U.S. at 313, 116 S. Ct. at 842.

Chabad Chayil, Inc. v. The School Board of Miami-Dade County Florida

48 F.4th 1222 · Court of Appeals for the Eleventh Circuit · Sep 8, 2022

This fact alone clearly distinguishes Chabad from the other entities that allegedly collected monies while also receiving fee waivers from MDCPS. See Lewis v. … Dep’t of Corrs., 471 So. 2d 4, 5–6 (Fla. 1984) (recognizing an exception to sovereign immunity when state entities enter into contracts but cautioning that this waiver of immunity was “applicable only to suits on express,

Alba v. Montford

517 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Feb 22, 2008

Finally, they argue that they will be unfairly disadvantaged if Bivens were applied to them because they do not enjoy qualified immunity as their federal counterparts do. … Thus his complaint illustrates another hurdle to extending Bivens—he does not challenge the conduct of individual officers, but rather, the policy established by either CCA or BOP.

Arlanda Arnay Smith v. M. L. Mercer

572 F. App'x 676 · Court of Appeals for the Eleventh Circuit · Jul 14, 2014

Federal Individual Capacity Claims Qualified immunity shields government officials performing discretionary functions from § 1983 suits as long as their conduct does not violate clearly established statutory or constitutional … Second, Smith did not demonstrate that Defendants violated clearly established law. See Leslie v. Hancock Cnty.

Larry Pierce v. United States

813 F.2d 349 · Court of Appeals for the Eleventh Circuit · Mar 27, 1987

for service-connected injuries and make a “radical departure from established law.” … Pierce’s claims would clearly be actionable if he had been a civilian at the time of the accident.

Roger Shuler v. Board of Trustees of the University of Alabama

480 F. App'x 540 · Court of Appeals for the Eleventh Circuit · Jul 3, 2012

Qualified immunity protects government officials performing discretionary functions from liability in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights of … Shuler has not shown that any clearly established right has been violated.

Mattie Lomax v. Manny Diaz

390 F. App'x 900 · Court of Appeals for the Eleventh Circuit · Aug 3, 2010

capacities unless their conduct violates clearly established statutory or constitutional rights. … A defendant’s motion to dismiss will be granted if the plaintiff’s “complaint fails to allege the violation of a clearly established constitutional right.” Snider v.

Hollins v. Fulton County

422 F. App'x 828 · Court of Appeals for the Eleventh Circuit · Apr 7, 2011

To establish a prima facie case of discrimination under the ADA, a plaintiff may show: (1) she is disabled; (2) she is a qualified individual; and (3) she was subjected to unlawful discrimination because of her disability … In particular, she asserts that the defendants have waived their immunity because they terminated her for “invoking [her] constitutional rights, which violated clearly established federal law.”

Martha P. McCorkle and Edward E. McCorkle v. The United States of America and Conrad Weihnacht Construction Company, a Florida Corporation

737 F.2d 957 · Court of Appeals for the Eleventh Circuit · Jul 26, 1984

They rely upon the language of Modlin that immunity “applies to contractors and not owners, unless the owner also serves as a contractor.” … Clearly, CWCC, the principal contractor in this case, is under Rieder a statutory employer of plaintiffs’ son, an employee of Miller, the independent subcontractor, who was injured while engaged upon the subject matter of

Harry L. McCall v. H. G. Crosswaite

336 F. App'x 871 · Court of Appeals for the Eleventh Circuit · Jul 2, 2009

Second, if a constitutional right would have been violated under the plaintiff’s version of the facts, he must also show that the constitutional right was clearly established at the time, meaning that a reasonable person … Officer Crosthwait was therefore entitled to qualified immunity. AFFIRMED. 5