Case law

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

Gregory L. Jenkins v. Dekalb County, GA

307 F. App'x 390 · Court of Appeals for the Eleventh Circuit · Jan 15, 2009

The officers respond that they are entitled to qualified immunity. … “To defeat a qualified immunity defense, [a] plaintiff bears the burden of showing that ‘the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or . . . the law

Property Management & Investments, Inc. v. Gerald A. Lewis

752 F.2d 599 · Court of Appeals for the Eleventh Circuit · Feb 8, 1985

of immunity. … A close examination of the stipulation, without the addendum, clearly exhibits the lack of any consideration for the agreement by the State Defendants.

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.)

Jorge T. v. Florida Department of Children & Families

250 F. App'x 954 · Court of Appeals for the Eleventh Circuit · Oct 12, 2007

The defendants filed a motion to dismiss, asserting qualified immunity. … There, as here, the defendants raised the qualified immunity defense. Id. at 1081.

Charlene McCollum v. William F. Bolger, Tony D. McCollum v. William F. Bolger, Postmaster General and National Rural Letter Carriers Association, Timothy D. McCollum v. William F. Bolger, Postmaster General

794 F.2d 602 · Court of Appeals for the Eleventh Circuit · Jul 23, 1986

Sec. 409 (c) limits the waiver of sovereign immunity found in 39 U.S.C. Sec. 401 (1). … McCollum refused to accept the certified letter, which was delivered to him at work and was clearly marked as an official USPS notice.

Dedrick v. West AL Women's Health

200 F.3d 744 · Court of Appeals for the Eleventh Circuit · Jan 12, 2000

The FTCA retains sovereign immunity over claims against contractors. See Tisdale v. U.S., 62 F.3d 1367, 1371 (11th Cir. 1995). … The expanded definition of a “contract employee” under § 233(g) of the Act to certain contractors of qualified health centers is clearly not an unlimited extension to all contractors.

Simmons v. Conger

86 F.3d 1080 · Court of Appeals for the Eleventh Circuit · Jul 3, 1996

The district court clearly erred in awarding damages against Judge Conger in his individual capacity because he is entitled to absolute judicial immunity from damages in this section 1983 case. … He clearly had jurisdiction over the Gosa matter, and there is no allegation to the contrary.

Howard Schleider v. GVDB Operations, LLC

121 F.4th 149 · Court of Appeals for the Eleventh Circuit · Oct 31, 2024

As relevant to this appeal, cov- ered countermeasures include “qualified pandemic or epidemic product[s]” used to mitigate, prevent, or limit a pandemic, and covered persons include “program planner … The PREP Act also establishes exclusive federal jurisdiction for a willful misconduct claim, as defined by the PREP Act. Id. § 247d-6d((e)(1).

Deborah A. Kenning v. Daniel Carli

648 F. App'x 763 · Court of Appeals for the Eleventh Circuit · Apr 15, 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, Carli and Hernandez are entitled to qualified immunity unless Plaintiff can show that his Fourth Amendment rights were “clearly established” at the

Quincy A. Williams v. Correctional Officer Radford

64 F.4th 1185 · Court of Appeals for the Eleventh Circuit · Apr 4, 2023

and he does not assert qualified immunity on appeal. … We therefore do not address qualified immunity as to him.

Brian Keith Tweedy and Sandra Tweedy v. Tennessee Valley Authority

882 F.2d 477 · Court of Appeals for the Eleventh Circuit · Aug 31, 1989

The district court concluded that TVA was a special employer and, consequently, was immune from civil tort liability since Tweedy was covered by the Act. … First, we note that the contract between Gilbert and TVA clearly provides: “All work done by Contractor hereunder shall be reviewed by TVA and subject to TVA approval.

Mat S. Baysa v. Charles Redinger

Court of Appeals for the Eleventh Circuit · Jun 25, 2021

On appeal, Redinger argues that he is entitled to qualified immunity from Baysa’s lawsuit because his actions did not violate clearly established law. … The order did not set out the legal standards governing qualified immunity, did not discuss Redinger’s immunity arguments, and did not engage in any substantial analysis of whether Redinger’s actions violated clearly established

Jackson v. Astrue

506 F.3d 1349 · Court of Appeals for the Eleventh Circuit · Nov 9, 2007

On February 3, 2006, following a hearing, an Administrative Law Judge (“ALJ”) denied Jackson’s petition on the ground that her injuries did not qualify as “disabilities” under the SSA. … Further, she was clearly notified that she was obliged to commence suit in federal district court.

Torrence Sheppard v. Chris Wright

631 F. App'x 718 · Court of Appeals for the Eleventh Circuit · Nov 10, 2015

PER CURIAM: Detective Chris Wright of the Blackshear County Police Department appeals from the denial of his motion for summary judgment on qualified immunity grounds. … Given the above-mentioned facts and other evidence in the record, which together are construed in a light most favorable to Sheppard, summary judgment was properly denied because it is clearly established law in this circuit

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.

Omnipol, A.S. v. Christopher Worrell

32 F.4th 1298 · Court of Appeals for the Eleventh Circuit · May 3, 2022

Haralson, 813 F.2d 370, 373–74 n.3 (11th Cir. 1987) (“[I]ssues that clearly are not designated in the appellant’s brief normally are deemed abandoned.”) (citing Rogero v. Noone, 704 F.2d 518, 520 n.1 (11th Cir. 1983)). … It is well established that the United States is immune from suit unless it consents to be sued. Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1188 (11th Cir. 2011) (citing United States v.