Case law

Glassco v. Miller Equipment Co.

966 F.2d 641 · Court of Appeals for the Eleventh Circuit · Jul 20, 1992

First, the contractor must establish that its activity involves a “uniquely federal” interest warranting the displacement of state law. Id. at 504 , 108 S.Ct. at 2514 . … Miller’s manufacture of the lineman’s belts for the Army was clearly a matter of “uniquely federal” interest. Appellants do not seriously argue otherwise.

Quang Bui v. Michael Haley, Commissioner, Alabama Department of Corrections

321 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Feb 19, 2003

Ten were excused, reducing the qualified venire to thirty-nine persons. … To the extent that the trial judge’s determination was based on Evans’s statement of good faith, rather than Brooks’s representations, it was contrary to clearly established Federal law.

Anthony Coriell v. Dominic Snyder

Court of Appeals for the Eleventh Circuit · Oct 18, 2024

They argued that Snyder was entitled to qualified immunity for Coriell’s § 1983 claim because Snyder’s use of force was objec- tively reasonable and did not violate clearly established law. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Summit Medical Associates v. James

Court of Appeals for the Eleventh Circuit · Jul 15, 1999

In Swint, the Supreme Court considered the propriety of exercising pendent appellate jurisdiction over an otherwise nonappealable issue that concerned parties different from those involved in the appealable qualified immunity … Therefore, because we conclude that Appellants have failed to satisfy the test set forth in Swint, and because of our unambiguous 9 Qualified immunity, like sovereign immunity, is an immunity from litigation

Mario Martin v. Dewayne Howard

Court of Appeals for the Eleventh Circuit · Jan 10, 2020

As we have previously held [a] right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional … Servs., 436 U.S. 658, 696 (1978), is entirely separate from our qualified immunity analysis, which questions whether an individual public official violated a plaintiff’s clearly established constitutional rights.

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

Jane Doe, II v. Founding Fourteen, Inc

Court of Appeals for the Eleventh Circuit · Aug 21, 2026

“Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … for the purposes of qualified immunity.

Berndetta Howard v. City of Greensboro, Alabama

613 F. App'x 866 · Court of Appeals for the Eleventh Circuit · Jun 3, 2015

DISCUSSION Hudson contests the denial of qualified immunity with respect to Howard’s claim of excessive force. … Under Howard’s version of events, Hudson was not entitled to qualified immunity.

Scott v. Roberts

612 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Jul 30, 2010

The district court concluded that Scott had established irreparable harm and that the equities and the public interest did not clearly favor one side over the other. … The equities similarly do not clearly counsel against or in favor of preliminary relief.

Popham v. City Of Talladega

908 F.2d 1561 · Court of Appeals for the Eleventh Circuit · Aug 20, 1990

or custom to support an official capacity claim against the City and the individual city employees, and second, that the defendants did not show "deliberate indifference" to the needs of the prisoner, and are entitled to qualified … immunity in their individual capacities.

United States v. Ben Bane

720 F.3d 818 · Court of Appeals for the Eleventh Circuit · Jun 28, 2013

We cannot say this finding is clearly erroneous. Bane recruited two certified pulse oximetry testing labs to participate in the scheme. … On these facts, the district court did not clearly err in imposing the sophisticated-means enhancement. See id.

Jamie Rashad Brown v. Ti'Andre Bellinger

Court of Appeals for the Eleventh Circuit · Jan 21, 2021

Third, Brown insists that Bellinger is not entitled to qualified immunity because (1) the amount of force used by Bellinger was objectively unreasonable and (2) either that a broad, clearly established principle controls … With respect to qualified immunity, “an officer asserting a qualified- immunity defense bears the initial burden of showing that he was acting within his discretionary authority.” Piazza v.

Seminole Tribe of Florida v. State of Florida Department of Revenue

Court of Appeals for the Eleventh Circuit · May 5, 2014

State sovereign immunity forecloses that relief. … Bradley, for example, the Supreme Court ruled that a federal court could require a state to institute school programs to eliminate the vestiges of racial segregation even though the establishment of those programs would

Jerry Bainbridge v. John Bush

311 F.3d 1104 · Court of Appeals for the Eleventh Circuit · Nov 8, 2002

The regulatory framework establishes what is known as a “three-tier” distribution system – in essence a vertical quarantine. … North Dakota was an intergovernmental immunity case (a close cousin of the preemption-insulation case) rather than a Commerce Clause case.

Smith v. Christian

763 F.2d 1322 · Court of Appeals for the Eleventh Circuit · Jun 24, 1985

Following the physical examination, appellant was notified that because he was missing his right index finger, he was not qualified for military duty as a commissioned naval officer. … The Recruiting Commander responded as follows: The Navy Recruiting Command’s inquiry into the facts clearly establishes that the program was not available when Mr. Smith submitted his application.

Guardian Life Insurance v. Solomon

95 F.3d 1076 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

Accord In re Conner, 172 B.R. 119, 121 (Bankr.M.D.Fla.1994) (stating that "[i]f all that is required to establish an annuity contract is a stream of payments over time, all installment contracts would qualify as … an annuity and that is clearly not what the McCollam decision requires").

Cwt Farms, Inc. And Cwt International, Inc. v. Commissioner of Internal Revenue

755 F.2d 790 · Court of Appeals for the Eleventh Circuit · Mar 19, 1985

The statutory provisions establishing the DISC scheme are set out at 26 U.S.C.A. §§ 991-997 (1982). … The Second Circuit announced and applied the rule that “absent this assurance of prospectivity to taxpayers ... the regulation in question could clearly have been imposed retroactively.” Lecroy at 126.

Arnold v. Board of Education of Escambia County

880 F.2d 305 · Court of Appeals for the Eleventh Circuit · Aug 10, 1989

Although the appellees have suggested on appeal that the defendants are entitled to immunity as a matter of law, immunity was not a basis for the trial court’s ruling and we find it premature at this time to address. … For cases discussing immunity see generally Parker v. Williams, 862 F.2d 1471 (11th Cir.1989) (individual immunity); Smith v.

Albert Williams v. Warden, Federal Bureau of Prison

713 F.3d 1332 · Court of Appeals for the Eleventh Circuit · Apr 11, 2013

In Arbaugh , the Court established that a requirement for bringing suit is jurisdictional “[i]f the Legislature clearly states that a threshold limitation on a statute’s scope shall count as jurisdictional,” and, conversely … Begay established that the proper test for determining which state law offenses qualified as violent felonies under the ACCA’s residual clause was whether the crime involved “purposeful, violent, and aggressive conduct.”

Lawrence Dempsey v. Shelly Winters

Court of Appeals for the Eleventh Circuit · Jan 9, 2024

was “clearly established” at the time of Nurse’s purported misconduct. … We hold that the law was clearly established at the time of Dempsey’s detainment at BCJ.