Case law

Anthony John Ponticelli v. Secretary, Florida Department of Corrections

690 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Aug 16, 2012

The district court ruled that the Supreme of Court of Florida reasonably applied clearly established federal law when it rejected the claims pre *1291 sented in this appeal. … Nor do Sears and Porter compel the conclusion that the Supreme Court of Florida applied the prejudice test in a manner that was contrary to clearly established federal law.

Arnold v. Board Of Education Of Escambia County

880 F.2d 305 · Court of Appeals for the Eleventh Circuit · Aug 10, 1989

Although the appellees have suggested on appeal that the defendants are entitled to immunity as a matter of law, immunity was not a basis for the trial court's ruling and we find it premature at this time to address. … For cases discussing immunity see generally Parker v. Williams, 862 F.2d 1471 (11th Cir.1989) (individual immunity); Smith v.

Spivey v. Beverly Enterprises, Inc.

196 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Nov 30, 1999

Appellant must meet four requirements in order to establish a prima facie case of discrimination: (1) she is a member of a group protected by Title VII; (2) she was qualified for the position or benefit sought; (3) she … The Fifth Circuit found that the plaintiff, a pregnant employee, had not established a prima facie case of discrimination because she failed to demonstrate that she was qualified for

Jan Rath v. Veronika Marcoski

898 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Aug 10, 2018

The district court thus found that Marcoski had not established that a fee award would be clearly inappropriate. … But in doing so, courts must place on the losing respondent the substantial burden of establishing that a fee award is clearly inappropriate.

Darrin Williams v. Dawn Morahan

Court of Appeals for the Eleventh Circuit · Sep 11, 2013

Under well-established precedent, Officer Morahan is entitled to qualified immunity unless Mr. … None of those authorities, however, can create clearly established law for purposes of federal qualified immunity analysis. See Marsh v. Butler County, Ala., 268 F.3d 1014, 1033 n.10 (11th Cir. 2001) (en banc). Cf.

United States v. Lopez-Lukis

102 F.3d 1164 · Court of Appeals for the Eleventh Circuit · Jan 6, 1997

The individual officers' motions for summary judgment were based on qualified immunity; thus, we had immediate appellate jurisdiction over the denial of these motions under the narrow exception to the … immunity.

Jove Engineering, Inc. v. Internal Revenue Service

92 F.3d 1539 · Court of Appeals for the Eleventh Circuit · Aug 29, 1996

§ 106 provides an unequivocal, express waiver of sovereign immunity for specifically enumerated bankruptcy provisions, stating, "Notwithstanding an assertion of sovereign immunity, sovereign immunity is … Among these powers, "it is firmly established that the power to punish for contempts is inherent in all courts." Chambers, 501 U.S. at 44, 111 S.Ct. at 2132 (internal quotations omitted); Shillitani v.

Jeffrey Bernard Beeman v. United States

871 F.3d 1215 · Court of Appeals for the Eleventh Circuit · Sep 22, 2017

The Merits To prove a Johnson claim, a movant must establish that his sentence enhancement “turn[ed] on the validity of the residual clause.” … “Where, as here, the evidence does not clearly explain what happened ... the party with the burden loses.” Romine v. Head, 253 F.3d 1349 , 1357 (11th Cir. 2001); see also Schaffer ex rel. Schaffer v.

Patricia Lynn Fry v. Hillsborough Co. School Board

190 F. App'x 810 · Court of Appeals for the Eleventh Circuit · Jul 20, 2006

individual capacities unless they have “violated a clearly established statutory or constitutional right[] of which a reasonable person would have known.” … “For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such concrete and factually defined context to make it obvious to all reasonable government

Martin O'Boyle v. William H. Thrasher

647 F. App'x 994 · Court of Appeals for the Eleventh Circuit · Apr 12, 2016

For starters, the district court determined that O’Boyle did not, and could not, establish a prima facie case against the Defendants for his federal civil rights claims, nor any basis to sue Thrasher and Ward individually … In fact, when the district court dismissed the Fourth Amendment claims it found it unnecessary to address whether the town officials were protected by qualified immunity.

Joseph Harper v. Jeremiah Davis

571 F. App'x 906 · Court of Appeals for the Eleventh Circuit · Jul 11, 2014

Ct. 2088, 2093 (2012) (“[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported … The Alleged Violation Was Not Clearly Established in Case Law Harper took neither avenue to show that Davis and Gourley’s conduct was clearly unlawful.

Foster v. Board of School Commissioners of Mobile County

872 F.2d 1563 · Court of Appeals for the Eleventh Circuit · May 23, 1989

The district court found that petitioners either were not qualified for promotion or would not have been promoted in a nondiscriminatory system. These findings will not be reversed unless clearly erroneous. … That finding is not clearly erroneous. Only one person was promoted without experience, but that promotion occurred in 1982, and the person was exceptionally qualified.

Ricky Walter Denton v. Pat Stokes

620 F. App'x 712 · Court of Appeals for the Eleventh Circuit · Jul 14, 2015

Such damages are available as a general matter, but Denton must overcome qualified immunity to get them. … That being the case, Stokes is entitled to qualified immunity from Denton’s claim. 4 See id.

32 Fair empl.prac.cas. 139, 32 Empl. Prac. Dec. P 33,692 Robert E. Canino v. United States Equal Employment Opportunity Commission (e.e.o.c.), J. Clay Smith, in His Official Capacity as Acting Chairman of E.E.O.C., Donald L. Hollowell, in His Official Capacity as Regional Director, Atlanta Region

707 F.2d 468 · Court of Appeals for the Eleventh Circuit · Jun 16, 1983

The complaint in a disparate treatment Title VII action must initially establish a prima facie case of discrimination by showing (1) that the plaintiff belongs to a protected group; (2) that he applied and was qualified for … The district court found that the unrebutted evidence showed that Canino had not qualified for promotion to these GS-15 positions and therefore could not establish a prima facie case of discrimination. 14 The district court

McClain v. Hall

552 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Dec 18, 2008

PRYOR, Circuit Judge: The issue in this appeal is whether the Superior Court of Butts County, Georgia, unreasonably applied clearly established federal law when it ruled that Mark Howard McClain failed to prove ineffective … Unless the decision of the Georgia court “ ‘(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, or (2) resulted in a decision that was based on an

James Fred Barfield v. Kevin Rambosk

641 F. App'x 845 · Court of Appeals for the Eleventh Circuit · Dec 29, 2015

To decide whether a defendant is entitled to qualified immunity we engage in a two- part inquiry. … To determine whether a right was clearly established, we look to binding decisions of the Supreme Court of the United States, the Eleventh Circuit, and the Florida Supreme Court. See McClish v.

Olaf Childress v. L. P. Walker

554 F. App'x 834 · Court of Appeals for the Eleventh Circuit · Feb 5, 2014

The defendants are the police officers who arrested Childress and who claim qualified immunity from this lawsuit. … They assert that they had, at the very least, arguable probable cause to arrest Childress, and, therefore, did not violate any of his clearly established constitutional rights.

William Baker v. Ryan P. Moskau

335 F. App'x 864 · Court of Appeals for the Eleventh Circuit · Jun 30, 2009

“The doctrine of qualified immunity provides that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … When assessing qualified immunity cases, we consider whether a constitutional right has been violated and whether the right was clearly established by the law at the time of the violation. Saucier v.

Malissa L. Brown v. Bill Smith

Court of Appeals for the Eleventh Circuit · Apr 14, 2009

PER CURIAM:  Charles Byerly appeals the district court’s denial of his motion to dismiss based on the defense of qualified immunity. … violation because Appellee Malissa Brown was arrested pursuant to a valid warrant, and (3) he did not violate a clearly established law.

Frank David Riordan v. Allen O'Shea

448 F. App'x 928 · Court of Appeals for the Eleventh Circuit · Dec 7, 2011

functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … the defendant’s conduct violated the plaintiff’s constitutional rights; and (2) whether the right at issue was clearly established at the time of the constitutional violation.