Case law

Downing v. Board Of Trustees Of The University Of Alabama

321 F.3d 1017 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003

and Alabama had not waived its immunity. … Second, the state commissioner in charge of the hospital was entitled to qualified immunity as to the claims against him in his individual capacity. 9 The court employed the following language in concluding that the elements

Sterling T. Cowart v. Deputy Armando Enrique

311 F. App'x 210 · Court of Appeals for the Eleventh Circuit · Feb 4, 2009

A defense of qualified immunity first requires the government official seeking immunity to establish that he was acting within the scope of his discretionary authority. Courson, 939 F.2d at 1488. … Government agents are entitled to qualified immunity if their conduct did not violate any clearly established statutory or constitutional rights of which a reasonable officer would have known. Hudson v.

Brenda Davis v. Josh Cothern, Glynn County, Georgia

482 F. App'x 495 · Court of Appeals for the Eleventh Circuit · Jul 24, 2012

that Cothern’s actions, when viewed in the light most favorable to Davis, violated a clearly established constitutional right. … Therefore, the district court did not err by granting qualified immunity to Cothern.

Mark D. Davis v. Gilbert Porterfield Self

547 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Nov 19, 2013

Chapman, 208 F.3d 940, 942 (11th Cir. 2000) (qualified immunity); Long v. … Kobayashi, 581 F.3d 1304, 1307 (11th Cir. 2009) (“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established

Beckwith v. City of Daytona Beach Shores

58 F.3d 1554 · Court of Appeals for the Eleventh Circuit · Jul 25, 1995

Mayor Large and McCool also claimed that they were entitled to qualified immunity. … The district court denied Appellees' motions for summary judgment on the federal claims, and this Court affirmed the district court's denial of qualified immunity. Large v.

K'Cee Kinard Odom v. Tobias Boisvert

Court of Appeals for the Eleventh Circuit · Aug 5, 2024

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have … As we’ll ex- plain, Odom has not shown that Boisvert violated any of his con- stitutional rights, so we need not consider the clearly established prong of the analysis.

Jefferson County, a Political Subdivision of the State of Alabama v. William M. Acker, Jr., Jefferson County, a Political Subdivision of the State of Alabama v. U.W. Clemon

92 F.3d 1561 · Court of Appeals for the Eleventh Circuit · Aug 30, 1996

is clearly not barred by the tax immunity doctrine and that the Buck Act and Howard indicate that the instant ordinance is in substance an income tax. 82 Having concluded that the instant tax is as a practical matter an … The Supreme Court, however, held that the tax established by the ordinance was an income tax.

Sierra Club v. Tennessee Valley Authority

430 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Nov 22, 2005

The district court also concluded that even if opacity violations at the plant were established, which would entitle the plaintiff groups to injunctive and declaratory relief, sovereign immunity principles would bar the … Ct. 1011, 1016 (1992) (noting that where there is a “plausible” reading of a statute that does not result in a waiver of sovereign immunity, that “is enough to establish that . . . imposing monetary liability on the Government

Lucero v. Operation Rescue of Birmingham

954 F.2d 624 · Court of Appeals for the Eleventh Circuit · Feb 5, 1992

Plaintiffs failed to establish a substantial likelihood of success on the merits because they did not state a claim under section 1985(3). … We need not, and do not, decide whether plaintiffs have established any or all of the elements in a 1985(3) claim other than the second element. .

Wayne Freeman v. Town of Eatonvillle FL

225 F. App'x 775 · Court of Appeals for the Eleventh Circuit · Nov 1, 2006

Qualified immunity immunizes from suit police officers who, when acting within the scope of their discretionary authority, do not violate “clearly established statutory or constitutional rights of which a reasonable person … clearly established law.”

Jackson v. Seaboard Coast Line Railroad

678 F.2d 992 · Court of Appeals for the Eleventh Circuit · Jun 17, 1982

Toledo, 446 U.S. at 640 , 100 S.Ct. at 1924 (finding no reasonable basis for requiring plaintiffs to anticipate a defense of qualified immunity to a § 1983 claim). … The district court required appellees to establish 1) the existence of past discrimination at the Waycross Yard, 2) that each appellee was qualified to perform as a carman, and 3) that after each appellee became qualified

Siavash Zargari v. USA

658 F. App'x 501 · Court of Appeals for the Eleventh Circuit · Sep 22, 2016

The FBI Agents argue that they are entitled to qualified immunity because, even accepting Plaintiff’s allegations as true, they did not violate a clearly established constitutional right. 1. … Qualified Immunity and Malicious Prosecution Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct “violate[s] clearly

Billy W. Reid v. Brian Streit

697 F. App'x 968 · Court of Appeals for the Eleventh Circuit · Jun 21, 2017

The officers filed a motion for summary judgment, raising the doctrines of sovereign and qualified immunity. … To overcome qualified immunity, Reid must show (1) that the officers violated his constitutional rights and (2) that “the law clearly established those rights at the time of the alleged misconduct.”

Larry Craft v. Hether Olszewski

428 F. App'x 919 · Court of Appeals for the Eleventh Circuit · Jun 2, 2011

established rights of ZC and thus was entitled to qualified immunity. … Accordingly, Plaintiffs bear the burden of establishing that qualified immunity is not appropriate.” (Id.)

Courtney Mays v. United States

817 F.3d 728 · Court of Appeals for the Eleventh Circuit · Mar 29, 2016

at least three qualifying convictions. … Mays (Mays I), 300 Fed.Appx. 735, 737 (11th Cir.2008) (per curiam). .The elements clause clearly is inapplicable.

Carlton Matthews v. Officer J. Wetherbee

Court of Appeals for the Eleventh Circuit · Dec 31, 2020

Qualified immunity, however, protects a defendant from liability in a § 1983 claim arising from discretionary acts, “as long as [those] acts do not violate clearly established . . . constitutional rights of which a reasonable … We have held that a right may be clearly established for qualified immunity purposes through: (1) case law with indistinguishable facts clearly establishing a constitutional right; (2) a broad statement of principle within

Panola Land Buyers Association v. Shuman

762 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Sovereign Immunity 21 The district court held that sovereign immunity bars judicial review of this action. … Nor will exhaustion be required if the claim clearly will be denied, or where administrative action will not resolve the merits of the claim, as in a constitutional attack on the administrative scheme.

Paula A. DONNELLON, Plaintiff-Appellee, v. FRUEHAUF CORPORATION, Defendant-Appellant

794 F.2d 598 · Court of Appeals for the Eleventh Circuit · Aug 27, 1986

On the record, apparently Costa was better qualified for the job than Donnellon and he was hired on August 4, 1980. … The applicant who was hired by the defendant, Michael Costa, was far more qualified for the job than the plaintiff.

Bernard Kahlenberg v. Immigration and Naturalization Service

763 F.2d 1346 · Court of Appeals for the Eleventh Circuit · Jun 25, 1985

The immigration judge upheld the denial of adjustment status on the ground that petitioner was statutorily ineligible to qualify as an investor. … qualifying him to engage in such enterprise.

L.C. Hall v. State of AL Dept. of Public Safety

249 F. App'x 749 · Court of Appeals for the Eleventh Circuit · Oct 1, 2007

a violation of his clearly established rights. … established rights under Vinyard.1 Therefore, the district court’s order denying Defendant’s motion to dismiss Plaintiff’s amended complaint on qualified immunity grounds is affirmed.2 AFFIRMED. 1 We do