Case law

Wendall Jermaine Hall v. Lieutenant Peter Merola

67 F.4th 1282 · Court of Appeals for the Eleventh Circuit · May 17, 2023

His disciplinary punish- ment, of course, establishes that he did. … Steil, 187 F.3d 727, 733 (7th Cir. 1999) (“The remaining question before us is whether it was ‘clearly established’ on March 18, 1995 that a government official could not retaliate against a subordinate

Marie Jeanne Jean v. Carl Dorelien

431 F.3d 776 · Court of Appeals for the Eleventh Circuit · Dec 1, 2005

qualify as extraordinary circumstances to toll the statute of limitations until Dorélien was removed from his position, the repressive security forces were dismantled and the democratically elected government resumed power … Jean alleges that several years after the 13 removal of the military regime in late 1994, Haiti established a tribunal to try those responsible for atrocities during the military

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.

Taquila Monroe v. Board of Regents of the University System of Georgia

Court of Appeals for the Eleventh Circuit · Feb 15, 2024

Airlines Co., 385 F.3d 1324, 1330 (11th Cir. 2004) (“Any issue that an appellant wants the Court to address should be specifically and clearly identified in the brief. . … And participation in the Head Start programs is entirely consistent with the Board’s core state duties, which include “establish[ing] all such schools of learning or art as may be useful to the state

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.”

Massaro v. Mainlands Section 1 & 2 Civic Ass'n

3 F.3d 1472 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993

The meeting also passed a resolution to establish screening procedures to enforce the new amendment. … A district court’s findings of fact are reviewed under a clearly erroneous standard. Fed.R.Civ.P. 52(a). The application of the law to the facts, however, is subject to de novo review. See Universal Underwriters Ins.

J.I.W. v. Blake Dorminey

Court of Appeals for the Eleventh Circuit · Dec 1, 2022

But under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Did Not Become So Unreasonable as to Violate Clearly Established Law.

Osmose, Inc. v. VIANCE, LLC

612 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Jul 30, 2010

Thus, the district court did not clearly err in classifying these statements as “establishment” claims. … District Court’s Reliance on Qualifying Language in the Test Reports Lastly, Viance attacks the district court’s reliance on qualifying language in the Timber Products Reports and Dr.

Bannum, Inc. v. City of Fort Lauderdale

157 F.3d 819 · Court of Appeals for the Eleventh Circuit · Oct 5, 1998

In January 1985, the Bureau of Prisons awarded Bannum a contract to establish a community treatment center (CTC) in Fort Lauderdale, Florida. … The defendants moved to dismiss the action, arguing that they were entitled to absolute, qualified and municipal immunity.

Stephanie Poiroux Snow v. City of Citronelle, AL

420 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Aug 16, 2005

The district court granted summary judgment to all defendants in their individual capacities on the grounds of qualified immunity. … The district court found that the defendants did not violate Poiroux’s constitutional rights, and, in the alternative, if her rights were violated, the law was not clearly established.

Robert A. Mills v. Sheriff J. R. Jack Parker

379 F. App'x 852 · Court of Appeals for the Eleventh Circuit · May 13, 2010

On appeal, Deputy Kent argues that the district court erred in denying him qualified immunity because he did not violate any clearly established right, and the court incorrectly analyzed whether Mills had a clearly established … gratuitous force after a suspect has been subdued is a clearly established constitutional right.

Dominguez v. Metropolitan Miami-Dade County

167 F. App'x 147 · Court of Appeals for the Eleventh Circuit · Feb 14, 2006

Qualified Immunity In Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), the Supreme Court formulated a two-step qualified immunity analysis. … McMillian, 939 F.2d 1479, 1497-98 & n. 32 (11th Cir. 1991)(law can be “clearly established” for qualified immunity purposes by decisions of U.S.

Joseph Smith v. Mark Sohn

Court of Appeals for the Eleventh Circuit · Aug 7, 2024

question of whether Defendants are entitled to qualified immunity under that version of the facts.” … “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 known

Robert D. Patterson v. Commissioner of Internal Revenue

740 F.2d 927 · Court of Appeals for the Eleventh Circuit · Sep 4, 1984

Assuming that Patterson filed a timely application for an exemption as required by section 1402(g), a finding not made by the tax court, he still failed to establish that he qualified for an exemption to the tax. … The tax court’s finding that an additional tax is due will not be overturned unless clearly erroneous. Id.

Trudy Mighty v. Miguel Carballosa

Court of Appeals for the Eleventh Circuit · Mar 26, 2018

QUALIFIED IMMUNITY Qualified immunity protects government officials from suit if they are “performing discretionary functions” and “their conduct does not violate clearly established statutory or constitutional … There are three ways for Plaintiff to prove that a right is clearly established: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within the Constitution

United States v. 1461 W. 42nd St.

251 F.3d 1329 · Court of Appeals for the Eleventh Circuit · May 22, 2001

Applying Good to the facts here, we find that the government did not provide claimants with a notice and hearing prior to seizing the Properties nor did it allege or establish the existence of exigent circumstances.4 … Haw. 1990) (“Clearly, Congress enacted 28 U.S.C. § 2465 for the important purpose of preventing the ‘chilling effect’ that liability for improvident seizures based on reasonable cause might have on the government.”); United

Miriam Crisman v. Florida Atlantic University Board of Trustees

572 F. App'x 946 · Court of Appeals for the Eleventh Circuit · Jul 24, 2014

Although she purports to be substantially more qualified, Crisman alleges FAU had retained and transferred into her position a much younger black male. … Nevertheless, “[o]ther textual evidence of consent to suit in federal courts may resolve that ambiguity and sufficiently [and] clearly establish the scope of the State’s more general consent to suit.”

Robinson v. Tyson Foods, Inc.

595 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Feb 5, 2010

Incorporating the standards enumerated by the Supreme Court, Bumes outlined two primary factors for establishing the bar of judicial estoppel. … Therefore, under the established law of this circuit, a Chapter 13 debtor has a statutory duty to disclose changes in assets.

Christopher J. Weiland v. Palm Beach County Sheriff's Office

792 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jul 8, 2015

Deputies Johnson and Fleming did not argue in their motion to dismiss Weiland’s third amended complaint, or in their brief to this Court, that they are entitled to qualified immunity. … We limit our analysis to whether the allegations in Weiland’s complaint are sufficient to state a claim upon which relief can be granted without regard to the qualified immunity defense. Our review is de novo.

Karen Fuerst v. The Housing Authority of the City of Atlanta, Georgia

38 F.4th 860 · Court of Appeals for the Eleventh Circuit · Jun 22, 2022

To qualify for LIHTCs, builders must own a qualifying “low-income building” by the end of the first year in which they claim the credits. 26 U.S.C. § 42(g)(3)(a). … Although, as noted by the district court, reporting an actual rule violation could establish a reasonable belief under § 4712(a)(1), the statutory language clearly does not require Fuerst, or any plaintiff, to prove that