Case law

Marglli Gallego v. Ivette Perez

Court of Appeals for the Eleventh Circuit · Jun 11, 2024

DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … “[I]f a plaintiff cannot show that the law at issue was clearly established under the first . . . method, that usually means qualified immunity is appropriate.” King v.

Tonya Weinberg Gilmore v. Pam Hodges

738 F.3d 266 · Court of Appeals for the Eleventh Circuit · Dec 20, 2013

Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took place. … The Plaintiffs’ reliance on unpublished case law drawn from other circuits and from the district courts is unavailing, because only binding precedent can clearly establish a right for qualified immunity purposes.

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his “good faith” reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … The retroactive effect of Garner does not necessarily resolve the related issue of Officer Abston’s qualified immunity.

Lynette Christmas v. Harris County, Georgia

51 F.4th 1348 · Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

Ralph Harrison Benning v. Commissioner, Georgia Department of Corrections

71 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jun 23, 2023

The Supreme Court re- cently summarized this aspect of the qualified immunity inquiry: Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory … Thus, because the law was not clearly established, we affirm the district court’s ruling that Ms. Edgar and Ms. Patterson are en- titled to qualified immunity on Mr.

Mildred Robinson v. Daniel Arrugueta

415 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jul 7, 2005

The court found, however, that under the second step the right violated was not clearly established and thus Arrugueta was entitled to qualified immunity. … established, and thus, Arrugueta is entitled to qualified immunity under this step as well.

Oberist Lee Saunders v. George C. Duke

766 F.3d 1262 · Court of Appeals for the Eleventh Circuit · Sep 8, 2014

Under this doctrine, “courts may not award damages against a government official in his personal capacity unless the official violated a statutory or constitutional right, and the right was ‘clearly established’ at the … Saunders] to show that qualified immunity is not appropriate.” Lee, 284 F.3d at 1194. With these principles in mind, we turn to the qualified immunity analysis.

Collins v. School Board of Dade County, Florida

981 F.2d 1203 · Court of Appeals for the Eleventh Circuit · Jan 26, 1993

Most important for qualified immunity purposes, Loudermill established no bright line test for when a delay would become a constitutional violation. 4 See generally Barts v. … Joyner, 865 F.2d 1187, 1194 (11th Cir.1989) ("Harlow's 'clearly established' standard requires that a bright line be crossed" if defense of qualified immunity is to be overcome). 11 No controlling decision involved facts

Smith v. Lomax

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause. … her of a clearly established property right.

Garmon v. Lumpkin County

878 F.2d 1406 · Court of Appeals for the Eleventh Circuit · Aug 4, 1989

The district court granted defendants' motion for directed verdict based upon the doctrine of qualified immunity. For the reasons stated below, we reverse. 2 On January 22, 1986, Mrs. … Garmon's warrant was issued without probable cause he nevertheless is shielded from liability for damages under the rule of qualified immunity.

Walter Melton v. David Abston

841 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Nov 18, 2016

Qualified Immunity Qualified immunity protects “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Sullivan is not entitled to qualified immunity. See Mercado v.

Darryl Pernell Butler v. Hope Davis

Court of Appeals for the Eleventh Circuit · Mar 21, 2019

immunity because Butler’s right was not clearly established. … See Glasscox, 903 F.3d at 1213 (explaining that, to defeat a defense of qualified immunity, a plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the

Wilson v. Strong

156 F.3d 1131 · Court of Appeals for the Eleventh Circuit · Sep 28, 1998

General Qualified Immunity Principles Qualified immunity shields a § 1983 defendant from liability for harms arising from her discretionary acts, so long as her acts do not violate any clearly established statutory … Second, "[i]n this circuit, the law can be "clearly established' for qualified immunity purposes only by decisions of the U.S.

Gary Mason v. Ricky Stallings, C.L. St. Clair, Jr., Charles Burkhalter, Harold Woodall, Phillip Jordan, All Individually

82 F.3d 1007 · Court of Appeals for the Eleventh Circuit · May 9, 1996

Judicially created qualified immunity enables a public official to avoid suit on an alleged constitutional or federal law violation where the law governing the claimed right was not clearly established at the time of the … The relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and the

McMillian v. Johnson

88 F.3d 1554 · Court of Appeals for the Eleventh Circuit · Jul 9, 1996

The issue for qualified immunity purposes, however, is not whether the due process right not to be punished before conviction was clearly established. … Clearly Established Law Prohibited Police' Suppression of Exculpatory and Impeachment Evidence Tate, Ikner, and Benson are protected by qualified immunity unless their actions violated clearly established law.

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021

The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.

Stone v. Peacock

968 F.2d 1163 · Court of Appeals for the Eleventh Circuit · Aug 17, 1992

Qualified immunity is an affirmative defense which protects public officials acting within the scope of their discretionary authority and under clearly established law from insubstantial lawsuits. Butz v. … The jury was instructed to determine if defendants violated clearly established law.

Jones v. Preuit & Mauldin

851 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Aug 10, 1988

case are entitled to qualified immunity. … Qualified Immunity The district court found that P & M acted in good faith reliance upon laws which were not clearly unconstitutional.

Griffin Industries, Inc. v. Irvin

496 F.3d 1189 · Court of Appeals for the Eleventh Circuit · Aug 21, 2007

If, however, the official violated the law but his conduct was not clearly established as unlawful, the court must grant him qualified immunity. McClish, 483 F.3d at 1249. … Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity. See Vinyard v.

John Dee Carruth v. Robert J. Bentley

942 F.3d 1047 · Court of Appeals for the Eleventh Circuit · Nov 7, 2019

Since there is no clearly established law establishing that Carruth’s alleged differential treatment violated the Equal Protection Clause, Bentley and Byrne are entitled to qualified immunity. … It is Carruth’s burden to establish that Byrne and Bentley are not entitled to qualified immunity and he has not met it.