Case law

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.

Ross v. Clayton County, Georgia

Court of Appeals for the Eleventh Circuit · Apr 26, 1999

The district court granted summary judgment to the individual defendants on the basis of qualified immunity, and to Clayton County because none of Ross’s constitutional rights were violated. … In that order, the district court held that the individual defendants were entitled to qualified immunity on all claims.

United States v. Ryan

64 F.3d 1516 · Court of Appeals for the Eleventh Circuit · Sep 26, 1995

As the government acknowledges, sovereign immunity is not an issue in this case, because the Bankruptcy Reform Act provides for retroactive application of the Code's waiver of sovereign immunity. … A & B Heating does not establish that the IRS applies the voluntary payment rule to overpayments of taxes.

Ricky J. Johnson v. Lt. Andrew Fee

Court of Appeals for the Eleventh Circuit · Dec 9, 2020

QUALIFIED IMMUNITY “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 … Fee and Hughes are therefore entitled to qualified immunity.

Dennis Reeves v. Horace Graham, Miami-Dade County

551 F. App'x 978 · Court of Appeals for the Eleventh Circuit · Jan 6, 2014

We agree that neither defendant is liable, on the alternative grounds of qualified immunity and failure to establish municipal liability. I. … “‘Clearly established law’ is law that is sufficiently established so as to provide public officials with ‘fair notice’ that the conduct alleged is prohibited.” Randall v.

Brooks v. Blue Cross & Blue Shield of Florida, Inc.

116 F.3d 1364 · Court of Appeals for the Eleventh Circuit · Mar 11, 1997

354 , 111 S.Ct. 2773, 2778 , 115 L.Ed.2d 321 (1991) (where Congress provides no statute of limitations, federal courts are to borrow from the most closely analogous state law unless “a rule from elsewhere in federal law clearly … Hay, 1992 WL 206292 , No. 92-AR-0212-M (N.D.Ala.1992) (sovereign immunity of fiscal intermediary established by binding precedent in this Circuit).

Severino v. North Fort Myers Fire Control District

935 F.2d 1179 · Court of Appeals for the Eleventh Circuit · Jul 12, 1991

This requires an examination of the facts of the case, which we review under the clearly erroneous standard. It is important to bear in mind the district court’s findings on several key points. … This means appellant was "otherwise qualified” under the statute, even without any "reasonable accommodation.”

Constance Healy, as Personal Representative of the Estate of John Healy, Deceased, Cross-Appellee v. Town of Pembroke Park, a Florida Municipality, Gerald J. Yourman, Benjamin Linet, Helen Lofland, James Crocco and Daniel D. Weekley, Cross-Appellants. Stanley L. Frost, Cross-Appellee v. Town of Pembroke Park, a Florida Municipality, Gerald J. Yourman, Benjamin Linet, Helen Lofland, James Crosso, and Daniel D. Weekley, Cross-Appellants. Joseph M. Brown, Cross-Appellee v. Town of Pembroke Park, a Florida Municipality, Gerald J. Yourman, Benjamin Linet, Helen Lofland, James Crocco and Daniel D. Weekley, Cross-Appellants. Jesse Politi, Cross-Appellee v. Town of Pembroke Park, a Florida Municipality, Gerald J. Yourman, Benjamin Linet, Helen Lofland, James Crocco and Daniel D. Weekley, Cross-Appellants

831 F.2d 989 · Court of Appeals for the Eleventh Circuit · Nov 5, 1987

An Eleventh Circuit case decided in 1982 followed Hernandez and discussed what this circuit considered to qualify as legislative activity. In Espanola Way Corp. v. … federal court civil rights action. 35 The appellants are not entitled to recover attorneys' fees for time expended in the prosecution of the state proceedings nor for the district court's action in stating liability had been established

Libertarian Party of Florida v. State

710 F.2d 790 · Court of Appeals for the Eleventh Circuit · Jul 29, 1983

Once a percentage or number of signatures is established, it would probably be impossible to defend it as either compelled or least drastic. … The court clearly had authority to do so, as standing is an aspect of justiciability under Art. Ill of the United States Constitution. Warth v.

William Dixon v. City of Birmingham, Alabama

Court of Appeals for the Eleventh Circuit · Nov 28, 2022

immunity unless Dixon can show Glasgow violated his constitutional rights and that the right was clearly established at the time of the violation. … “Where an officer arrests without even arguable probable cause, he violates the arrestee’s clearly established Fourth Amend- ment right to be free from unreasonable seizures.” Carter v.

Lisa Y.S. West v. Deputy Terry Davis

601 F. App'x 929 · Court of Appeals for the Eleventh Circuit · May 6, 2015

Dec. 9, 2014), and we conclude that Deputy Davis is entitled to qualified immunity. Simply stated, Ms. West did not meet her burden of showing that Deputy Davis’ actions violated clearly established law.

Brandon Fulton v. Fulton County Board of Commissioners

Court of Appeals for the Eleventh Circuit · Jul 31, 2025

The parties have not presented, and we are not aware of, any clearly established law in this circuit to overcome qualified immunity in a § 1983 action against the relevant officers that took Fulton … “The form of the remedy did not qualify the right.” Id.

Dennis A. Walters, Jr., Cross-Appellant v. City of Atlanta, Cross-Appellee. Dennis A. Walters, Jr. v. City of Atlanta, Carole L. Mumford, Movant-Appellant. Dennis A. Walters, Jr. v. City of Atlanta

803 F.2d 1135 · Court of Appeals for the Eleventh Circuit · Nov 10, 1986

Ability to prepare exhibits and plan programs for the general public; ability to speak and write clearly and concisely; ability to establish and maintain effective working relationships with others. … Hiring of David Palmer 17 The position was reannounced on July 22, 1982 and a new register was established on September 12, 1982. Walters again applied and again was rated "well qualified."

McMaster v. United States

177 F.3d 936 · Court of Appeals for the Eleventh Circuit · May 28, 1999

"It is well established that the question of subject matter jurisdiction may be raised at any stage in the proceedings by any party or by the court on its own motion." Majd-Pour v. … In response to a factual attack, a court should dismiss the complaint for lack of subject matter jurisdiction " 'where the federal claim is clearly immaterial or insubstantial.' " Id. (citation omitted).

Betty R. Shipley v. Helping Hands Therapy

996 F.3d 1157 · Court of Appeals for the Eleventh Circuit · May 6, 2021

On appeal, Defendants argue that we should vacate the district court’s 1 It is now clearly established that the district court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332. … And as a result, the remand order is not “immune from review under § 1447(d).” Id.

Eric Griffin v. Anthony Ventriere

Court of Appeals for the Eleventh Circuit · Dec 28, 2022

established at the time of the alleged violation.” … AFFIRMED. 2 Griffin also argues that qualified immunity is improper because the detec- tives failed to investigate readily available exonerating evidence.

Talmadge Henderson Perry v. United States

755 F.2d 888 · Court of Appeals for the Eleventh Circuit · Mar 20, 1985

He also stated that proof of a connection between encephalitis and the vaccine could not be established by a single case, but would have to be established by epidemiological studies. Dr. … Yet the district court was not clearly in error in finding that it did not establish the causal link alleged by appellant. Dr.

AT&T Wireless PCS Inc. v. City of Atlanta

210 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Apr 26, 2000

Section 601(b) thus serves to “take away the FCC’s power to confer antitrust immunity on mergers of telephone companies.” Id. … Because we determine that AT&T Wireless does qualify for § 1983 relief, we do not address whether the TCA itself provides for compensatory damages. .

Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

903 F.2d 1352 · Court of Appeals for the Eleventh Circuit · May 29, 1990

The impression of a witness that he would not be prosecuted as long as he testified does not establish a grant of immunity — formal or informal. … Dixon also stated that he did not really know what immunity meant. 6 .

Jeff Fleuranville v. Miami Dade County

Court of Appeals for the Eleventh Circuit · Apr 4, 2025

immunity.” … The plain- tiff then bears the burden of showing “the defendant violated a con- stitutional right” and “the right was clearly established at the time of the violation.” Barnes v.