Case law

Munford, Inc. v. Commissioner of Internal Revenue

849 F.2d 1398 · Court of Appeals for the Eleventh Circuit · Jul 21, 1988

Thus, the Code establishes two ways that property may qualify as section 38 property: (1) by qualifying as “tangible personal property” within the meaning of section 48(a)(1)(A), or (2) by qualifying as “other tangible property … Reg. § 1.48-1 (e)(1), is not clearly erroneous. See also Catron v.

Bibi A. Green v. School Board of Hillsborough County, Florida, Cross-Appellee

25 F.3d 974 · Court of Appeals for the Eleventh Circuit · Jul 12, 1994

A plaintiff establishes a prima facie case by proving that (i) she is a member of a protected class, (ii) she applied and was qualified for a job for which the defendant was seeking applicants, (iii) despite her qualifications … In the absence of any evidence of the color and national origin of Ann Rodriguez, the district court’s findings that Ann Rodriguez is a member of a non-protected class and that Green established a prima facie case are clearly

State of Alabama v. Sarah G. Spear

245 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Mar 29, 2001

This requirement ensures that removal is available only in cases where the denial of the right can be clearly predicted and avoids involving federal judges in “the unseemly process of prejudging their brethren of the state … Under § 1443(1), the vindication of the defendant’s federal rights is left to the state courts except in the rare situations where it can be clearly 11  predicted

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.

Jefferson County, a Political Subdivision of the State of Alabama v. William M. Acker, Jr., Jefferson County, a Political Subdivision of the State of Alabama v. U.W. Clemon

61 F.3d 848 · Court of Appeals for the Eleventh Circuit · Aug 21, 1995

Instead, to qualify for tax immunity, the taxed entity must "actually 'stand in the Government's shoes,' " United States v. … It is well established that the Compensation Clause does not forbid the federal government from levying an income tax on federal judges. O'Malley v.

Carlos Antonio Ortega Bonilla v. USA

652 F. App'x 885 · Court of Appeals for the Eleventh Circuit · Jun 20, 2016

Accordingly, based on the allegations in this case, Hoffman does not qualify as an “investigative or law enforcement officer” under the plain meaning of § 2680(h), and sovereign immunity precludes FTCA liability arising … According to Bonilla, the United States does not enjoy sovereign immunity where DEA agents, who are clearly law enforcement officers, commit certain tortious acts.

Antonio Ivey v. Shelton Smart

606 F. App'x 571 · Court of Appeals for the Eleventh Circuit · Jun 11, 2015

PER CURIAM: This is a law enforcement officer’s appeal from the denial of his motion for summary judgment on qualified immunity grounds. The case involves his shooting of a burglar. … Under those assumed facts, summary judgment was properly denied because it is clearly established law in this circuit that “a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she

Davide M. Carbone v. Cable News Network, Inc.

910 F.3d 1345 · Court of Appeals for the Eleventh Circuit · Dec 13, 2018

In S & Davis International, we held that an order denying foreign sovereign immunity “based on the ‘commercial activity exception’ to sovereign immunity which has a ‘direct effects’ component” was “inextricably intertwined … And in McMahon, we held that orders denying immunity from claims arising incident to military service under Feres v.

Jeremy Migut v. Sean Flynn

131 F. App'x 262 · Court of Appeals for the Eleventh Circuit · May 13, 2005

clearly established statutory or constitutional rights of which a reasonable person would have known.” … The Supreme Court has established a two-part test to determine the applicability of qualified immunity.

Tyrone Anthony Kemp v. Kevin Pogorzelski

Court of Appeals for the Eleventh Circuit · Feb 13, 2025

QUALIFIED IMMUNITY Qualified immunity protects government officials perform- ing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established … established.”

Owens v. Jackson County Board of Education

561 F. App'x 846 · Court of Appeals for the Eleventh Circuit · Mar 31, 2014

In addition, Harding asserted an affirmative defense of qualified immunity. … Defendants are entitled to summary judgment based on their qualified immunity only if “the law preexisting the defendant official’s supposedly wrongful act was already established to such a high degree that every objectively

In Re: Optical Technologies, Inc., Debtor. Delaine Gray, as Distribution Trustee for the Consolidated Debtors, Plaintiff v. Raymond Manklow, Jean Francois Vincens

246 F.3d 1332 · Court of Appeals for the Eleventh Circuit · Apr 18, 2001

See In re Blackwood Assocs., L.P., 153 F.3d 61 , 67 (2d Cir.1998) ("[W]e review the district court's affirmance of the bankruptcy court in accordance with our well established standards of review. … As the bankruptcy court noted, the facts of this case were essentially undisputed, and, even when viewed in the light most favorable to the Debtors, are insufficient as a matter of law to establish that the Debtors owned

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.

Frank C. Johnson, Jr. v. J. K. Buddy Irby

403 F. App'x 465 · Court of Appeals for the Eleventh Circuit · Nov 23, 2010

Wood, 612 F.2d 982, 984-85 (5th Cir. 1980) (extending qualified immunity to state court clerks for damages arising from their failure to perform routine duties). … In determining if an official is entitled to qualified immunity, we look to see if Plaintiff’s allegations establish a violation of a clearly established constitutional or statutory right. Collier v.

Benjamin Watson, Jr. v. Kingdom of Saudi Arabia

Court of Appeals for the Eleventh Circuit · Nov 10, 2025

Metals, Inc., 894 F.3d 1313, 1329 (11th Cir. 2018) (stating that establishing proxi- mate cause requires more than reasonable foreseeability alone). … What’s more, this section clearly contemplates situations in which “a CLO is not assigned for a particular country” or situations in which “no CLO is assigned.”

Joshua Smola v. Sheriff, Hillsborough County Florida

Court of Appeals for the Eleventh Circuit · Oct 22, 2025

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 … In other words, the 7 Because Thompson did not use excessive force, we do not reach the clearly established prong of the qualified-immunity analysis. See Pearson v.

Kevin Lamar Blake v. Andrew E. Bryant

Court of Appeals for the Eleventh Circuit · Jul 26, 2023

a constitutional right, and (2) the violation of the right was clearly established. … Blake cannot point to any clearly established law to the contrary.

51 Fair empl.prac.cas. 20, 51 Empl. Prac. Dec. P 39,424 Mary E. Woody v. St. Clair County Commission, James Satterfield, Charles Marcum, Chris Fowler, Paul Manning, James Ingram, Each Individually and in Their Capacities as Members of the St. Clair County Commission, Wallace Wyatt, Individually and in His Capacity as Judge of Probate of St. Clair County

885 F.2d 1557 · Court of Appeals for the Eleventh Circuit · Oct 17, 1989

The district court was not clearly erroneous in its determination. CONCLUSION 47 The district court did not rule on whether the appellant established a prima facie case. … was not as well qualified The district court found that Woody did not establish a prima facie case because she was over-qualified, but also found no intentional discrimination because she was not as well qualified. 3 In

Lollar v. Alabama By-Products Corp.

893 F.2d 1258 · Court of Appeals for the Eleventh Circuit · Feb 6, 1990

It is thus clear that section 718.204 embodies two essential elements which a claimant must establish in order to qualify *1263 for benefits under the Act: (1) The claimant must establish that he has a total pulmonary disability … Furthermore, § 718.203(a) provides that in order to qualify for benefits, a claimant must establish that his pneumoconiosis “arose at least in part out of coal mine employment.”

United States v. Mitchell J. Stein

964 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jul 13, 2020

Stein also claims that the prior panel clearly erred when it rejected his due process claim, and that this result would work a manifest injustice, qualifying him for the third exception to the law of the case doctrine. … This conclusion was not clearly erroneous.