Case law

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

Lena Williams v. Jeffery Deal

659 F. App'x 580 · Court of Appeals for the Eleventh Circuit · Oct 26, 2016

rights at issue were clearly established). … II Officer Deal argues that he is entitled to qualified immunity because he was acting within the scope of his discretionary authority and because his actions did not violate clearly established law in the particular

United States v. Certain Real Property, Huntsville, Al

579 F.3d 1315 · Court of Appeals for the Eleventh Circuit · Aug 19, 2009

A waiver of the United States government’s sovereign immunity must be “unequivocal,” Dep’t of Energy v. … No. 104-168, Title VII, secs. 701(a)-(c), 702(a), 703(a), 704(a), 110 Stat. 1463 , 1464 (“An amendment to a statute is clearly a legislative, not a judicial function.

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.”

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.

Sean T. Wright v. 15th District Palm Beach County State Attorney's Office

Court of Appeals for the Eleventh Circuit · Apr 1, 2026

Lastly, because the State Attorney’s Office was entitled to Eleventh Amendment immunity, Wright’s arguments regarding qualified immunity and prosecutorial im- munity are immaterial. … 13 of 18 25-12737 Opinion of the Court 13 do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known

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

Arrington v. Cobb County

139 F.3d 865 · Court of Appeals for the Eleventh Circuit · Apr 24, 1998

(4) the Deputy Chief position went to an equally or less qualified person who was not a member of a protected class. … [50%] 17 In granting summary judgment for appellees, the district court ruled that Arrington was sufficiently qualified to establish a prima facie case.

Doe v. Chiles

136 F.3d 709 · Court of Appeals for the Eleventh Circuit · Feb 26, 1998

The Supreme Court has not limited its application of sovereign immunity to the suits described in the text of the Eleventh Amendment. … Clearly, the appellees have "identif[ied] with particularity the right[] they claim[].” Blessing , at-, 117 S.Ct. at 1360. .

United States v. James Lee Cobb, III

842 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Nov 30, 2016

The Government must establish the amount of restitution by a preponderance of the evidence. Id. … We will reverse this factual finding only if we conclude that it is clearly erroneous. Id.

JBP Acquisitions, LP v. United States Ex Rel. Federal Deposit Insurance

224 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Aug 30, 2000

The law at issue in this case is clearly established and not in dispute. "Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit." FDIC v. … United States, 986 F.2d 716, 719 (4th Cir.1993) (noting that "waiver of immunity is tempered by a rather extensive list of exceptions").

United States v. Eddy Wilmer Vail-Bailon

868 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Aug 25, 2017

Sec’y, Dep’t of Corr., 821 F.3d 1325, 1333 (11th Cir. 2016) (“[JJust as Congress does not generally hide elephants in mouseholes, the Supreme Court does not hide clearly established federal law in parenthetical quotations … touching alone is insufficient to establish physical force.

Maryellen H. Doyle v. The University of Alabama in Birmingham

680 F.2d 1323 · Court of Appeals for the Eleventh Circuit · Jul 19, 1982

The District Court dismissed the claims under § 1983 and § 504 on various grounds including eleventh amendment immunity, statute of limitations, and failure to state a claim. … The only claim brought under § 1983 that clearly satisfies this requirement is that regarding the denial of Doyle’s salary increase in May 1980.

United States v. Dedrick D. Gandy

710 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Feb 27, 2013

. § 942(e), because the government failed to meet its burden of establishing that his conviction labeled aggravated assault on a law enforcement officer and his conviction labeled burglary of a structure were qualifying … The information clearly established that Gandy was convicted of an ACCA predicate offense, or, in other words, that Gandy was convicted of a felony that had as “an element the use, attempted use, or threatened use of physical

Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium

738 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Dec 24, 2013

If such factors do not exist, the maximum statutory penalty remains — as is clearly *1286 stated in § 924(a)(2) — 10 years imprisonment. … However, because the Supreme Court’s decision in Begay did not clearly abrogate all of this Court’s pr e-Begay violent felony jurisprudence, we do not decide the case wherein a rule articulated by the Supreme Court clearly

Alan Rodemaker v. Liz Shumphard

Court of Appeals for the Eleventh Circuit · Jun 8, 2021

They contend that they are entitled to qualified immunity because Rodemaker failed to state a claim that they violated his statutory rights under 42 U.S.C. § 1981 and, alternatively, because the law was not clearly established … Qualified immunity protects a government actor, who was acting within his discretionary authority, from civil damages unless he violated a clearly established statutory or constitutional right. Gilmore v.

United States v. Bazemore

41 F.3d 1431 · Court of Appeals for the Eleventh Circuit · Dec 22, 1994

We review factual findings under a clearly erroneous standard. United States v. … Immunized coconspirator Jerome Richardson was called as a witness for the Government.

David J. Peterson, Jr. v. Kelly Crawford

268 F. App'x 879 · Court of Appeals for the Eleventh Circuit · Mar 11, 2008

Qualified Immunity from the Federal Claims The district court held that Heath was not entitled to qualified immunity because Crawford was not.3 This was error. … was either not clearly established or not reasonably known to the actor at the time of his actions, citing Gray ex rel.

Joel Barcelona v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit · Mar 2, 2021

The district court found that the officials were entitled to qualified immunity because Barcelona only suffered from hearing loss in one ear and did not have a clearly established right to a hearing aid under Gilmore v. … “To establish the defense of qualified immunity, the burden is first on the defendant to establish that the allegedly unconstitutional conduct occurred while he was acting within the scope of his discretionary authority

Kenneth C. Hendricks v. Sheriff, Collier County, Florida

492 F. App'x 90 · Court of Appeals for the Eleventh Circuit · Oct 15, 2012

To receive the protection of qualified immunity from liability, Storrar’s conduct must not have violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … The burden then shifts to Appellants to show a constitutional violation of a clearly established right.