Case law

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.

United States v. White

846 F.2d 678 · Court of Appeals for the Eleventh Circuit · Jun 7, 1988

This comparison clearly demonstrates that the district court violated the law of the case. … Evidence at trial established that defendant Creekmore carried a club in each hand and repeatedly struck the officers. .

United States v. Pielago

Court of Appeals for the Eleventh Circuit · Feb 17, 1998

Properly interpreted, however, the proffer agreement clearly would bar such a government strategy. … that its evidence was not tainted by a defendant's immunized statement; this is done "by establishing the existence of an independent, legitimate source for the disputed evidence."

The Cone Corporation, J.W. Conner & Sons, Cone Constructors, Inc., Dallas 1 Construction & Develp. Etc. v. Hillsborough County, Larry J. Brown

908 F.2d 908 · Court of Appeals for the Eleventh Circuit · Aug 13, 1990

In establishing this particularized discrimination, numerical disparities may be relevant if they result from a comparison of the number of qualified MBEs in the particular industry and geographic area with the number actually … Further, the government must have considered a race-neutral scheme before establishing the race-conscious scheme. Id. at 728. C.

Cohen v. United States

151 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 26, 1998

The FTCA waiver of immunity is subject to several exceptions. … We conclude that the district court clearly erred in reaching that conclusion.

Willie Albert Fludd v. J.B. Dykes, Sheriff of Richmond County, Georgia and Frank Tiller

863 F.2d 822 · Court of Appeals for the Eleventh Circuit · Jan 17, 1989

Any other result, we think, would establish a rule wholly at odds with [the] peremptory challenge system as we know it. Id. … In such cases, the Court held, immunizing the prosecutor from any inquiry into the motivation for his strikes might deprive the accused of a chance to establish that the strikes were racially motivated; a constitutional violation

Charles Lawn v. Attorney General, State of Florida

Court of Appeals for the Eleventh Circuit · Mar 1, 2023

The district court ruled that the officers were entitled to qualified immunity because the undisputed record established that the offic- ers, acting within their discretionary authority, restrained Lawn be- … both that a constitutional violation occurred and that the constitutional right violated was clearly established.

Maurice A. Johnson v. Gabriel Ortiz

Court of Appeals for the Eleventh Circuit · May 2, 2022

“A right may be clearly established for qualified immunity purposes in one of three ways: ‘(1) case law with indistinguishable facts clearly estab- lishing the constitutional right; (2) a broad statement of principle within … But given the Court’s recent qualified immunity decisions, see, e.g., City of Tahlequah v. Bond, 142 S.Ct. 9, 11–12 (2021), I agree that Officer Ortiz is entitled to qualified immunity even under Mr.

Yolanda Duncan v. City of Sandy Springs

Court of Appeals for the Eleventh Circuit · Jun 7, 2023

The Qualified Immunity Standard Qualified immunity protects government officials “from lia- bility for civil damages insofar as their conduct does not violate clearly established statutory … To assert a qualified immunity defense, a government offi- cial must first establish that he was acting within his discretionary authority at the time of the challenged conduct. Mercado v.

Jeannie Nunez Sullivan v. City of Pembroke Pines

161 F. App'x 906 · Court of Appeals for the Eleventh Circuit · Jan 12, 2006

The court also concluded that on Sullivan’s excessive force claim, Scopa was entitled to qualified immunity because at the time of the arrest, no law clearly established that Scopa violated Sullivan’s constitutional rights … We held that “a minimal amount of force and injury, as present in the facts of this case, will not defeat an officer’s qualified immunity in an excessive force case.” Id. at 1258.

Mid-South Holding Co. v. Weise

Court of Appeals for the Eleventh Circuit · Sep 1, 2000

Any act, therefore, regardless of the administrative level at which it is authorized or taken, qualifies as "discretionary" provided it satisfies the Gaubert analysis. … Essentially, Mid-South argues that the record does not establish that the agents searching the vessel made an affirmative decision to disconnect the electrical cord as part of their search, thereby dissociating the act

Rayford C. PACE, Plaintiff-Appellant, v. SOUTHERN RAILWAY SYSTEM, Defendant-Appellee

701 F.2d 1383 · Court of Appeals for the Eleventh Circuit · Apr 4, 1983

Thus, if the modified McDonnell Douglas test, as set forth in Price, supra, were the exclusive means of establishing a prima facie case under the ADEA appellant clearly could not succeed. … Clearly, no discriminatory pattern is established.

Dennis Quinette v. Dilmus Reed

Court of Appeals for the Eleventh Circuit · Feb 21, 2020

The district court denied Reed qualified immunity because his alleged use of force violated Quinette’s clearly established constitutional right. … We have said that law is clearly established for the purposes of qualified immunity where “‘Y Conduct’ is unconstitutional in ‘Z Circumstances.’” Vinyard v. Wilson, 311 F.3d 1340, 1351 (11th Cir. 2002).

Christopher Maurice McDowell v. Jose Gonzalez

Court of Appeals for the Eleventh Circuit · Jul 30, 2020

Qualified immunity is an affirmative defense. Kesinger v. Herrington, 381 F.3d 1243, 1247 (11th. Cir. 2004). … violate clearly established statutory or constitutional rights.

Farley v. Nationwide Mutual Ins.

197 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Dec 14, 1999

The jury instructions clearly explained what types of damages could be awarded for each cause of action. … These reasons clearly are legitimate non-discriminatory reasons on their face.

United States v. Shedrick D. Hollis

780 F.3d 1064 · Court of Appeals for the Eleventh Circuit · Mar 12, 2015

The government established that “there [were] articulable facts [that] . . . … Hollis must establish that the district court “abdicat[ed]” its duty, or that it “applie[d] the wrong law, follow[ed] the wrong procedure, base[d] its decision on clearly erroneous facts, or commit[ted] a clear error in

In Re Grand Jury Subpoena Duces Tecum, Appeal of Howard Ackerman

795 F.2d 904 · Court of Appeals for the Eleventh Circuit · Jul 14, 1986

Grand juries and other governmental actors would then be forced to choose between granting immunity to the custodian or foregoing access to the documents. … Bellis, supra (three-partner law firm); the company had several employees and former employees, including some qualified to produce the documents before the grand jury; the subpoena was addressed to the “Custodian of Records