Case law

United States v. Charlie L. Green

981 F.3d 945 · Court of Appeals for the Eleventh Circuit · Nov 25, 2020

“To establish a RICO conspiracy violation under 18 U.S.C. … Therefore, RICO conspiracy does not qualify as a crime of violence under § 924(c)(3).

In Re: Jeffrey Smith

829 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Jul 18, 2016

granted only if this Court certifies that the second or successive motion contains a claim involving: (1) newly discovered evidence that, if proven and viewed in light of the evidence as- a whole, would be sufficient to establish … Moore, 43 F.3d 568 (11th Cir. 1994), we held: The term “crime of violence” as Congress defined it in 18 U.S.C § 924(c)(3) clearly includes carjacking.

Craig v. Alabama State University

804 F.2d 682 · Court of Appeals for the Eleventh Circuit · Nov 18, 1986

Williams were qualified for the position of Director of Federal Relations. … to bear its burden of establishing business necessity for the hiring preference granted its existing employee.

William Mann v. Henry Adrian Joseph

Court of Appeals for the Eleventh Circuit · Feb 28, 2020

The district court concluded that the officers arrested Mann without arguable probable cause, but ruled that they enjoyed qualified immunity because no existing law clearly established Mann had a “right to carry a weapon … The officers invoked the defense of qualified immunity, which entitles them to avoid liability for discretionary acts they undertook in their individual capacity so long as “their conduct [did not] violate[] clearly established

Jerry Murphy v. Jerry L. Demings

626 F. App'x 836 · Court of Appeals for the Eleventh Circuit · Sep 11, 2015

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … To avoid summary judgment based on qualified immunity, Plaintiff must show both that Deputy Caron violated a federal right and that the right was already clearly established when Deputy Caron acted. See id.

Ashley Bodden v. Ernest Cole

510 F. App'x 850 · Court of Appeals for the Eleventh Circuit · Feb 25, 2013

Thus, the burden shifted to Appellant to establish that Deputy Cole’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. … Gutierrez, 627 F.3d 816, 821 (11th Cir. 2010) (explaining that an officer may be entitled to qualified immunity even if his belief in the necessity of force was mistaken).

Cunningham v. Adams

808 F.2d 815 · Court of Appeals for the Eleventh Circuit · Jan 26, 1987

Substantive Constitutional Claim 17 Appellant argues that he established a substantial likelihood that he will prevail on the merits of his claim of unconstitutional racial discrimination because the record clearly shows … indicates that the Board viewed the candidates as very closely qualified.

Jean E. Carruthers v. BSA Advertising, Inc.

357 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Jan 21, 2004

A ccordingly, we need not consider Carruthers’s argument that the district court erred in finding that she also failed to establish that she was a “qualified 9 individual … The district cou rt did not clearly ab use its discretion in d enying Car ruthers’s motion to amen d. III.

Ivory Vincent Pitts v. United States

4 F. 4th 1109 · Court of Appeals for the Eleventh Circuit · Jul 6, 2021

There is one other way a § 2255 movant can meet his Beeman burden: He can show that when he was sentenced, binding precedent clearly established that the predicate offense was a violent felony only under the ACCA’s residual … The decision in that case does not establish that robbery under California Penal Code § 211 is not a violent felony for purposes of the ACCA. If anything, it establishes the contrary. See United States v.

United States v. Titus Bates

960 F.3d 1278 · Court of Appeals for the Eleventh Circuit · May 28, 2020

We have held that § 111 establishes “three separate crimes, the first two of which are contained in § 111(a), and the third in § 111(b)[,]” the “enhanced penalty” provision. United States v. … As such, the district court did not clearly err by denying Bates a two-level reduction for acceptance of responsibility. See United States v.

Andre Martello Barton v. U.S. Attorney General

904 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Sep 25, 2018

Barton’s 2007 and 2008 offenses occurred more than seven years after his admission to the United States—which, as we will explain, is the pertinent timeframe for establishing continuous residence under the cancellation … Date Filed: 09/25/2018 Page: 6 of 18 constituting one crime involving moral turpitude committed outside his first five years in the United States, whereas the cross-referenced § 1227(a)(2) establishes removability

United States v. Mike Linh Pham

463 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Sep 11, 2006

He also argues that the government failed to meet its burden of showing that its evidence was derived from an independent source, and not Pham’s immunized statements. … Therefore, the district court did not clearly err by finding that Pham’s debriefing was not used to establish drug quantity. II.

Mitchell v. Duval County School Board

107 F.3d 837 · Court of Appeals for the Eleventh Circuit · Mar 17, 1997

. § 1983, claiming that the actions of the defendants, Duval County School Board and its high school principal, James Jackson, resulted in the deprivation of Mitchell's rights, privileges and immunities … There is no allegation that the outside pay telephone which Mitchell used was in a dangerous location; indeed, it was established beyond doubt at oral argument that appellant cannot prove that it was in an

Stephen Hammonds v. Dr. Robert Theakston

Court of Appeals for the Eleventh Circuit · Nov 3, 2020

Defendants are entitled to qualified immunity under that version of the facts.” … rights were clearly established— “in either order.”

Jbp Acquisitions, Lp v. United States

224 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Sep 12, 2000

Inc., 201 F.3d 1348, 1351 (11th Cir.2000). 10 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." … United States, 986 F.2d 716, 719 (4th Cir.1993) (noting that "waiver of immunity is tempered by a rather extensive list of exceptions").

Jill Gray v. Board of Regents of the University System of Georgia Delmas Allen, in Both His Official and Individual Capacity

150 F.3d 1347 · Court of Appeals for the Eleventh Circuit · Nov 2, 1998

Defendants’ motion for summary judgment on the grounds of immunity (11th Amendment and qualified) was denied as moot because the district court dismissed plaintiff’s federal and constitutional claims. … We do not consider these immunity issues. . We only discuss the tenure issue; we see no reversible error on the other claims, including the sex and age discrimination claims. .

United States v. Robert Earl Dowd

451 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Jun 13, 2006

In Shepard, the Supreme Court restricted the types of evidence that a sentencing court may use to establish that a defendant’s prior burglary conviction is a qualifying “generic burglary” under Taylor. … “[T]he party who challenges the sentence bears the burden of establishing that the sentence is unreasonable in the light of both [the] record and the factors in section 3553(a).” Id.

B.T. v. Keith Battle

Court of Appeals for the Eleventh Circuit · Sep 13, 2021

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … 12  USCA11 Case: 21-10318 Date Filed: 09/13/2021 Page: 13 of 19 that this right was clearly established.

Sandra Gray v. Patrick C. Ferdarko

564 F. App'x 1001 · Court of Appeals for the Eleventh Circuit · May 7, 2014

The district court’s summary judgment order denying qualified immunity to Ferdarko is immediately appealable as a collateral order because Ferdarko’s challenge is based in part on a question of law. … Therefore, the district court’s denial of summary judgment as to Ferdarko’s affirmative defense of qualified immunity was not in error. MOTION TO DISMISS DENIED.

Ronnie Guy Young v. Kimberly Myhrer

651 F. App'x 878 · Court of Appeals for the Eleventh Circuit · Jun 2, 2016

Young responds that these statutes give jailers only qualified immunity, and not the absolute immunity given to sheriffs and deputy sheriffs under the Alabama Constitution. … Hodges, 587 F.3d 1288, 1300 (11th Cir. 2009) (remanding issue of qualified immunity to the district court for determination); Strength v.