Case law

Gaston v. Bellingrath Gardens & Home, Inc.

167 F.3d 1361 · Court of Appeals for the Eleventh Circuit · Feb 12, 1999

The district court granted Bellingrath Gardens summary judgment on the grounds that Gaston could not establish that she was a "qualified individual with a disability" under the ADA, that is, an individual who can perform … that she is a "qualified individual with a disability" under the ADA.

Made in the USA Foundation v. United States

242 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Feb 27, 2001

Unlike these cases, here there exists a clearly established record of pre- and post-NAFTA trade and investment activity on the part of the United States, Mexico and Canada, which also bears on their probable behavior in … Thus, like the district court, we are satisfied that the appellants are not barred by sovereign immunity from pursuing their claims. See also Swan v.

Global Marine Exploration, Inc. v. Republic of France

Court of Appeals for the Eleventh Circuit · Aug 19, 2025

We held that the commercial-ac- tivity exception to sovereign immunity applied. Id. … them or in- cluding a thing falling clearly without.” 264 U.S. 375, 386 (1924).

Watts v. Florida International University

495 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Aug 17, 2007

To decide unusual cases courts sometimes have to cut down pegs and bore out holes, but when such carpentry is necessary qualified immunity is appropriate. … Because the individual defendants were not on notice that they were violating Watts’ clearly established constitutional rights, the district court correctly granted them summary judgment in their individual capacities.

Jennifer Case v. Kay Ivey

Court of Appeals for the Eleventh Circuit · Jul 5, 2022

Plaintiffs now appeal, ar- guing that defendants are not entitled to qualified immunity be- cause (1) they acted outside of their discretionary authority, and (2) even if they didn’t, they violated clearly established law … for qualified-immunity purposes, such as when “a broader, clearly established principle should control the novel facts of a par- ticular situation,” or when an official’s conduct “so obviously violates the con- stitution

Terry Cantrell v. Trevor McClure

Court of Appeals for the Eleventh Circuit · Mar 5, 2020

Turning to the second independently adequate grounds for granting qualified immunity, a right may be clearly established “either by similar prior precedent, or in rare cases of ‘obvious clarity.’” Brooks v. … To successfully challenge the protections of qualified immunity, a plaintiff must demonstrate a right was “clearly established” at the time the alleged violation took place, not established thereafter. See Ensley v.

Jane Doe v. Richard L. Swearingen

51 F.4th 1295 · Court of Appeals for the Eleventh Circuit · Oct 21, 2022

The plaintiffs are registered sex offenders who committed qualifying offenses prior to 1997, meaning they were registered for over twenty years prior to the 2018 amendments. … The plaintiffs’ complaint clearly states when this injury occurred: they contend that an individualized as- sessment of risk should have been in place “before requiring regis- tration.”

Phillip Wayne Koger v. Greggory Carson

Court of Appeals for the Eleventh Circuit · Mar 30, 2021

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Assuming this to be true, such conduct amounts to a clearly established constitutional violation.

Monique Wilkerson v. Thedious Seymour

626 F. App'x 816 · Court of Appeals for the Eleventh Circuit · Sep 10, 2015

We conclude that he is not entitled to qualified immunity and therefore affirm. … of qualified immunity.” 1 Priester v.

Gene Thompson Lumber Co. v. Davis Parmer Lumber Co.

984 F.2d 401 · Court of Appeals for the Eleventh Circuit · Feb 26, 1993

In this appeal, Davis-Parmer asks us to set aside the district court’s judgment on the following grounds: (1) Davis-Parmer enjoyed qualified immunity, (2) Thompson Lumber failed to establish that DavisParmer’s acts caused … Section 1983 provides that “[ejvery person who, under color of any statute ... of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Commission

226 F.3d 1226 · Court of Appeals for the Eleventh Circuit · Sep 26, 2000

The plaintiff has the burden to "clearly and specifically set forth facts sufficient to satisfy [ ] Art. III standing requirements." … law clearly characterizes the Florida Commission as a state agency.

Santiago Alvarez v. U.S. Immigration and Customs Enforcement

818 F.3d 1194 · Court of Appeals for the Eleventh Circuit · Mar 24, 2016

Qualified Immunity The district court held in the alternative that Alvarez’s claims were properly dismissed because all the defendants, including Munoz, were entitled to qualified immunity. … Further, Alvarez’s constitutional right was clearly established at the time that Munoz performed the sham 180-day review.

Palmes v. Wainwright

725 F.2d 1511 · Court of Appeals for the Eleventh Circuit · Feb 17, 1984

Alpert had been given immunity from prosecution and had cooperated with the law enforcement representatives, Palmes willingly confessed all. … Our review is completed once it is established that a full hearing was conducted in which appellant's counsel was given an opportunity to present all of the mitigation evidence.

Gonzalez v. Pingree

821 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Jul 20, 1987

She was preliminarily determined qualified for expedited relief and given an interview appointment for the following Monday at which time she would receive her food stamps. … Although state participation in the food stamp program is voluntary, qualified applicants in those states taking part in the program have an enforceable right to expedited benefits.

Gregory G. Schultz v. John Ashcroft

174 F. App'x 534 · Court of Appeals for the Eleventh Circuit · Apr 5, 2006

the defendant violated was “clearly established” at the time he did it. … Storey, 936 F.2d 554, 559 (11th Cir. 1991) (holding 10 that police officer was entitled to qualified immunity “unless there was clearly no reasonable suspicion to seize the property

Onree Norris v. Jermaine Hicks

Court of Appeals for the Eleventh Circuit · May 5, 2021

Cody was entitled to qualified immunity because Capt. Cody violated clearly established law during the mistaken raid of Norris’s home. … to qualified immunity.

United States v. Jimmy Lightsey

120 F.4th 851 · Court of Appeals for the Eleventh Circuit · Oct 31, 2024

on point and clearly contrary to the panel precedent.” 4 Edwards v. … Tay- lor is clearly on point and clearly contrary to our decision in Joyner and has undermined Joyner to the point of abrogation. See Archer, 531 F.3d at 1352.

Corey Toole v. Officer Zorn

Court of Appeals for the Eleventh Circuit · Dec 26, 2019

As explained above, Zorn is held to a more lenient standard of arguable probable cause under our qualified immunity analysis, for purposes of determining whether he violated Toole’s “clearly established” rights. … Zorn, therefore, violated Toole’s clearly established First Amendment rights and isn’t entitled to qualified immunity. AFFIRMED. 15

William Stephen Hall v. H. R. Smith

170 F. App'x 105 · Court of Appeals for the Eleventh Circuit · Mar 7, 2006

In addition, qualified immunity provides complete protection for government officials sued in their individual capacities as long as their conduct violates no “clearly established statutory or constitutional rights of … In evaluating whether an official is entitled to qualified immunity, as a threshold matter, we must determine “whether [the] plaintiff's allegations, if true, establish a constitutional violation.” Id. at 1268.

London R. Bouvier v. Officer Starr Smith

Court of Appeals for the Eleventh Circuit · Nov 20, 2023

Regarding whether the officers violated a clearly established right, the district court stated that the officers were “mistaken when they contend that the only way to show a violation of a clearly … Qualified immunity shields officials who are acting within their discretionary authority from liability when their conduct does not violate a constitutional right that was clearly established at the