Case law

Billy L. Faile, Jr. v. Linna Hart

Court of Appeals for the Eleventh Circuit · May 14, 2024

Whether Plaintiff’s allegations establish the violation of a clearly constitutional right and whether the right was “clearly established” at the time of his arrest are issues of law. … Qualified Immunity Defendants argue they are entitled to qualified immunity from Plaintiff’s Fourth Amendment claims asserted against them in their individual capacities under § 1983.

Danny M. Bennett v. Dennis Lee Hendrix

325 F. App'x 727 · Court of Appeals for the Eleventh Circuit · Mar 31, 2009

Turning to the second prong of the qualified immunity inquiry, we held the law was clearly established so as to put the defendants on notice, stating “it is ‘settled law* that the government may not retaliate against citizens … immunity on summary judgment, which, according to Bennett and Reid, established the law of the case with respect to the qualified immunity issue.

Equal Employment Opportunity Commission v. Alton Packaging Corp.

901 F.2d 920 · Court of Appeals for the Eleventh Circuit · May 18, 1990

This Court has stated even more clearly, “failure to promote a plaintiff because the person actually promoted was more qualified is a nondiscriminatory reason, but the articulation of that reason must include the fact that … Alton could clearly meet that burden.

Callie Hawkins v. Amanda Carmean

562 F. App'x 740 · Court of Appeals for the Eleventh Circuit · Mar 20, 2014

Carmean moved for summary judgment, arguing that she committed no constitutional violation, was entitled to qualified immunity under federal law, and was entitled to state-agent immunity under state law. … Carmean is, therefore, not entitled to qualified immunity at this stage. IV.

Judicial Complaint, In Re:

216 F.3d 1328 · Court of Appeals for the Eleventh Circuit · Jul 7, 2000

DISCUSSION We review the denial of summary judgment on qualified immunity grounds de novo and conduct a two-step inquiry. … Second, if a violation were alleged, we ask whether that right was clearly established at the time of the alleged violation. See Hartley v. Parnell, 193 F.3d 1263, 1268 (11th Cir. 1999) (quoting Wilson v.

Judicial Complaint, In Re:

216 F.3d 1328 · Court of Appeals for the Eleventh Circuit · Jul 7, 2000

DISCUSSION We review the denial of summary judgment on qualified immunity grounds de novo and conduct a two-step inquiry. … established at the time of the alleged violation.

Gsw, Inc., F/k/a Allsafe Waste Management, Inc. v. Long County, Georgia

999 F.2d 1508 · Court of Appeals for the Eleventh Circuit · Sep 2, 1993

The County argues that its indispensable role in establishing a waste disposal facility renders it a major participant in the market. … We decline to define the economic involvement necessary to qualify as a market participant, but merely note that the facts of this case do not support such a finding.

Siddiq Asad v. James v. Crosby

158 F. App'x 166 · Court of Appeals for the Eleventh Circuit · Nov 9, 2005

To be eligible for qualified immunity, the official must first establish that he was performing a “discretionary function” at the time the alleged violation of federal law occurred. Id. at 1263-64. … defendant violated was “clearly established” at the time he did it.

Eddie King v. Dr. Lawson

Court of Appeals for the Eleventh Circuit · Jul 10, 2024

On appeal, King argues that the district court erred in finding that Lawson was entitled to qual- ified immunity because she violated King’s constitutional rights and the law was clearly established … Once the defendant establishes that she was acting within the scope of her discretionary authority, the burden shifts to the plaintiff to demonstrate that qualified immunity is inappropriate.

Nail v. Community Action Agency of Calhoun County

805 F.2d 1500 · Court of Appeals for the Eleventh Circuit · Dec 16, 1986

However, extensive regulation by the state is not enough to establish state action. … However, under the standard set forth in Rendell-Baker , this type of proof is clearly insufficient to establish that the decision to dismiss her was made under color of state law.

Hatcher Ex Rel. Hatcher v. Fusco

570 F. App'x 874 · Court of Appeals for the Eleventh Circuit · Jun 30, 2014

Under the doctrine of qualified immunity, a government official in a § 1983 suit is not liable in damages for alleged misconduct within the scope of her discretionary authority 3 unless she violated “clearly established … Fusco does not challenge the district court’s conclusion that Hatcher alleged a “clearly established” constitutional violation. Cf. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 89 S.

United States v. John Wilson

884 F.2d 1355 · Court of Appeals for the Eleventh Circuit · Sep 14, 1989

This sentencing range is computed by establishing the base offense level and applying appropriate guidelines sections that either increase or reduce this offense level. … The application notes to section 3E1.1 include the following as factors in determining whether a defendant qualifies for a reduction under this provision: (a) voluntary termination or withdrawal from criminal conduct or associations

United States v. Veal

153 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Sep 4, 1998

Even in the case of statutorily immunized testimony, the "Court has never held ... that the Fifth Amendment requires immunity statutes to preclude all uses of immunized testimony.... … use immunity.

Paul Severino v. North Fort Myers Fire Control District

935 F.2d 1179 · Court of Appeals for the Eleventh Circuit · Jul 12, 1991

We determine that the denial of relief by the district court was correct, where the factual record failed to establish discrimination solely on the basis of the employee's handicap. … For scrutinizing claims under Section 504, first, the individual is required to show that he is otherwise qualified for the position; second, the individual must show that even though he is otherwise qualified, he was rejected

Allen Pullen v. Officer Santiago

Court of Appeals for the Eleventh Circuit · Jun 17, 2021

To overcome the defense of qualified immunity, Pullen must show that the officers: (1) violated federal law (2) that was clearly established at the relevant time. Harbert Int’l, Inc. v. … Clearly Established Law Pullen has also demonstrated, for purposes of summary judgment, that the officers violated clearly established law.6 We have held that: [a] right may be clearly established for qualified

Charles L. CARTER, Plaintiff-Appellant, v. THREE SPRINGS RESIDENTIAL TREATMENT, Defendant-Appellee

132 F.3d 635 · Court of Appeals for the Eleventh Circuit · Jan 6, 1998

Even if Carter was minimally qualified for the position, Three Springs argues that he was less qualified than Haynes for the job. … Three Springs also argues that Carter did not have “administrative experience in a psychiatric in-patient setting,” while Haynes clearly did in his position at the Courtland facility.

Young Apartments, Inc. v. Town of Jupiter, Florida

406 F. App'x 376 · Court of Appeals for the Eleventh Circuit · Dec 22, 2010

immunity because they violated clearly established law when they enforced the Ordinance unequally against Young’s Hispanic tenants. … Finally, we agree with the district court that Lukasik and Lecky enjoy qualified immunity. Young has failed to establish that either of these individuals violated its federal constitutional rights.

Fresenius Medical Care Holdings, Inc. v. Tucker

704 F.3d 935 · Court of Appeals for the Eleventh Circuit · Jan 10, 2013

Most ESRD patients in Florida are covered by Medicare or Medicaid, 1 and most qualify for benefits under Medicare’s ESRD program that reimburses dialysis clinics for laboratory services through a bundled rate that includes … The Court reasoned: “The fact that the burden of a state regulation falls on some interstate companies does not, by itself, establish a claim of discrimination against interstate commerce.”

Florida Municipal Power Agency v. Florida Power & Light Co.

64 F.3d 614 · Court of Appeals for the Eleventh Circuit · Sep 19, 1995

Such modification, FPL contends, is clearly precluded by the filed rate doctrine enunciated in a long line of Supreme Court cases. … If the gravamen of the Agency's claim that the two services are distinct and there is no filed network rate is accurate, then it is clear the doctrine would not confer immunity.

Gandara v. Bennett

528 F.3d 823 · Court of Appeals for the Eleventh Circuit · May 22, 2008

The term “privileges and immunities” in paragraph three is modified by the adjective “consular,” thus clearly identifying the “privileges and immunities” being described; the term “such privileges and immunities” in paragraph … Of course, in all cases brought against an individual officer under § 1983 for violation of the Convention qualified immunity would provide a defense to suit and in many cases would preclude a finding of liability. .