Case law

Audrey Eileen Morrison v. City of Atlanta

614 F. App'x 445 · Court of Appeals for the Eleventh Circuit · Jun 9, 2015

Qualified immunity functions as immunity from suit, and officials seeking qualified immunity must first establish that they were acting within their discretionary authority when the alleged constitutional violation occurred … The burden then shifts to the plaintiff, who can overcome the qualified immunity defense by showing that (1) the defendant’s conduct violated a constitutional right and (2) this right was “clearly established at the time

Marthe Bien-Aime v. Officer Christy Vice

624 F. App'x 726 · Court of Appeals for the Eleventh Circuit · Dec 4, 2015

Furthermore, Bien-Aime is unable to meet her burden of proving that the officers violated clearly established law. … /2015 Page: 4 of 4 violate clearly established statutory or constitutional rights of which a reasonable [officer] would have known.”

William Adams v. Gregory Stokes

514 F. App'x 952 · Court of Appeals for the Eleventh Circuit · Apr 1, 2013

the defendant is entitled to qualified immunity under the plaintiff’s version of the facts. … To do so, the plaintiff must prove that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation. Id.

Wesley Lee Cook v. David Bell

Court of Appeals for the Eleventh Circuit · Mar 1, 2024

immunity where the disputed issue is whether the official’s conduct violated clearly established law.” … Dunn argues that the district court erred in denying him qualified immunity because, in his view, it was not clearly established that his conduct violated Cook’s Fourth Amendment rights.

Melanie Smallwood v. Edwin F. Ainsworth

542 F. App'x 807 · Court of Appeals for the Eleventh Circuit · Oct 16, 2013

[the defendant is] entitled to qualified immunity under that version of the facts.” … a constitutional right of the plaintiff; and (2) whether the right allegedly violated was clearly established.

Eddie L. Tucker v. Talladega City Schools

171 F. App'x 289 · Court of Appeals for the Eleventh Circuit · Mar 20, 2006

A public defendant acting within his discretionary authority is entitled to qualified immunity unless that official violated a right of the plaintiff’s that was clearly established. Cook v. … The qualified immunity inquiry also requires us to determine if the law was clearly established at the time of the alleged violation.

Charles Allison Davis v. Robert Markley

601 F. App'x 799 · Court of Appeals for the Eleventh Circuit · Feb 6, 2015

Qualified immunity shields government officials performing discretionary functions from liability in their individual capacities unless their conduct violated clearly established statutory or constitutional rights. … Because the complaint did not allege, much less suggest, that the officers lacked arguable probable cause to arrest him, qualified immunity bars his claims against them as well.

Phillips v. City of Dawsonville

499 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Sep 11, 2007

For a public employee to sustain a retaliation claim for speech protected under the First Amendment, the employee must establish, among other things, that the employee spoke as a citizen on a matter of public concern. … Qualified immunity would protect the individual defendants if they were otherwise liable. 9

Shirley F. Santillana v. Florida State Court System

450 F. App'x 840 · Court of Appeals for the Eleventh Circuit · Jan 4, 2012

However, Santillana’s initial brief repeatedly attacks the district court’s reasoning underlying its finding of qualified immunity, namely that Defendants had not violated the clearly established right to be free from employment … In the context of public employment, we have held that the constitutional right to be free from employment discrimination on the basis of race is clearly established. Rioux v.

United States v. Pielago

Court of Appeals for the Eleventh Circuit · Feb 17, 1998

Properly interpreted, however, the proffer agreement clearly would bar such a government strategy. … that its evidence was not tainted by a defendant’s immunized statement; this is done “by establishing the existence of an independent, legitimate source for the disputed evidence.”

Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.

470 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Nov 27, 2006

“Because DuPont’s alleged misconduct occurred during the Underlying Litigation and during other Benlate litigation, according to [the Supreme Court of Florida], Florida law clearly provides an absolute immunity to DuPont … Hogan, 986 F.2d 1364, 1369 (11th Cir. 1993) (“It is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first 12 panel to address

Steven J. Wolk v. Seminole County, Florida

276 F. App'x 898 · Court of Appeals for the Eleventh Circuit · Mar 12, 2008

“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 … (2) the right was clearly established.

Jimenez v. United States

158 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Oct 30, 1998

DISCUSSION In general, the FTCA waives the sovereign immunity of the United States for negligent injury to persons or property. … United States, 728 F.2d 736 (5th Cir.1984), but that case is clearly distinguishable.

Vierling v. Celebrity Cruises, Inc.

339 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Jul 31, 2003

state sovereign immunity.” … The Supreme Court in Ryan, however, clearly rejected the notion that the shipowner’s authority to supervise and correct a contractor’s performance defeats the shipowner’s claim for indemnity.

Jennifer R. Arnold Rogers v. City of Orlando, Florida

660 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Sep 1, 2016

Because it was clearly established that an individual has a right to be free from a warrantless arrest in her home absent consent or exigent circumstances, the court denied Rodriguez qualified immunity on Arnold-Rogers … But qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable

Matthew Reeves v. Commissioner, Alabama Department of Corrections

23 F.4th 1308 · Court of Appeals for the Eleventh Circuit · Jan 26, 2022

C Next, we address the defendants’ argument that the district court clearly erred in determining that Mr. Reeves is a qualified in- dividual with a disability under the ADA. According to the defend- ants, Mr. … On this rec- ord, the district court did not clearly err in finding that Mr. Reeves was a qualified individual under the ADA.

Patrick Hurley v. Kent of Naples, Inc.

746 F.3d 1161 · Court of Appeals for the Eleventh Circuit · Mar 20, 2014

As we have previously held, both causes of action require the employee to establish that he qualified for FMLA leave. Russell v. … To qualify for leave under the FMLA, Hurley would still have to establish a period of incapacity. See 29 U.S.C. § 2612 (a)(1)(D). We also find Hurley’s appeal to public policy unconvincing.

Augusta Aviation, Inc. v. United States

671 F.2d 445 · Court of Appeals for the Eleventh Circuit · Mar 22, 1982

accordance with its standard procedures, Augusta Aviation sent Brown’s application to the VA along with a letter stating that it would enroll Brown when it received a Certificate of Eligibility as proof that Brown would qualify … As a general rule, under Fed.R.Civ.P. 52(a), this court is bound to apply the clearly erroneous standard in reviewing the district court’s factual determinations.

United States v. Jerry Wayne Sims, A/K/A "Silver"

719 F.2d 375 · Court of Appeals for the Eleventh Circuit · Nov 7, 1983

The government established this link through the testimony of FBI Agent Roberts. Agent Roberts testified that Sims told him during a post-arrest interview that defendant’s phone number was 526-8746. … Specifically, the electronic equipment failed to record clearly the prosecutor’s question concerning the terms of Liles’ plea bargain agreement and Liles’ response concerning both the agreement and his criminal record.

Donna Chisesi v. Matthew Hunady

Court of Appeals for the Eleventh Circuit · Apr 16, 2024

that right was clearly established—interlocutory ap- pellate jurisdiction exists. … “[T]o establish qualified immunity, [a law enforcement of- ficer] first must show that [he] was acting within the scope of [his] discretionary authority at the time of the alleged misconduct.”