Case law

Wideman v. Shallowford Community Hospital

826 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Sep 8, 1987

To sustain a cause of action based on section 1983, the Widemans must establish two elements: (1) that they suffered a deprivation of "rights, privileges or immunities secured by the Constitution and laws" of the United States … Similarly, the defendants' arguments relate to whether the plaintiffs' evidence is sufficient to establish such a policy, and, if so, whether the individual defendants can avail themselves of a qualified immunity defense.

Jane Doe v. Jonathan Leach

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

We now apply the above analysis to the question of qualified immunity. At this stage of the litigation, qualified immunity does not shield Leach. … An officer is not entitled to qualified immunity if his actions (1) violated a constitutional right; and (2) “the unlawfulness of [his] conduct was ‘clearly established at the time.’” District of Columbia v.

Denise E. Mooney v. Joy R. Webster

812 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Feb 11, 2016

The district court agreed with the trustee that an HSA is not exempt under subsection (a)(2)(C), concluding that “HSA funds are not specifically or clearly set out as exempt under the Georgia Code and are not clearly identified … with or clearly analogous to exempted funds.”

Starship Enterprises of Atlanta, Inc. v. Coweta County, Georgia

708 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Feb 14, 2013

Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … If operated as stocked on January 26, however, the store would qualify as a sexually oriented business under the new ordinance and, as such, would not qualify for a general business license.

In re: Warren Lee Hill, Jr.

777 F.3d 1214 · Court of Appeals for the Eleventh Circuit · Jan 26, 2015

Supreme Court holding clearly establishing that the “reasonable doubt burden of proof for claims of mental retardation violates the Eighth Amendment.” Id. … Rather, the en banc Court narrowly held only that Hill had not shown the Georgia Supreme Court decision was contrary to or an unreasonable application of clearly established federal law at the time of Hill’s case.

Brims v. Barlow

441 F. App'x 674 · Court of Appeals for the Eleventh Circuit · Sep 27, 2011

The doctrine of qualified immunity shields government officials sued in their individual capacities from civil liability if their conduct did not violate “clearly established statutory or constitutional rights of which … violation, Barlow was entitled to qualified immunity.

Eric Griffin v. Anthony Ventriere

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

To receive qualified immunity, a public official must prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred. Lee v. … established at the time of the alleged violation.”

Tillman v. Orange County

519 F. App'x 632 · Court of Appeals for the Eleventh Circuit · May 17, 2013

Police officers, like all witnesses, possess absolute immunity for their testimony at trial. Briscoe v. LaHue, 460 U.S. 325, 342-345 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1982). … Thus, we hold that the district court clearly erred in determining that Tillman could not establish the malice element due to the supposed preclusive effect of a sentence and conviction set aside by the state trial court.

Ralph Irwin v. Miami-Dade County Public Schools

398 F. App'x 503 · Court of Appeals for the Eleventh Circuit · Oct 4, 2010

Even if a cause of action could be asserted, the individual defendants are protected by qualified immunity because nothing they did or failed to do violated any constitutional right of Irwin’s, let alone a clearly established … Qualified immunity protects the state officials from liability in their individual capacities, because they did not violate any clearly established constitutional right of Irwin’s. See Oliver, 586 F.3d at 904.

Emanuel M. Fuller v. Metropolitan Atlanta Rapid Transit Authority

Court of Appeals for the Eleventh Circuit · Apr 22, 2020

Where there are “legal issues underlying the qualified immunity determination,” which is part of the “core qualified immunity analysis,” we properly exercise jurisdiction over the appeal. Id. … In their view, Fils cannot have clearly established that McWilliams violated Fuller’s Fourth Amendment rights, because the facts in Fils are distinguishable from the facts here.

Piggly Wiggly Southern, Inc., Southern Graphic Art and Georgia Sales Company v. Commissioner of Internal Revenue

803 F.2d 1572 · Court of Appeals for the Eleventh Circuit · Nov 13, 1986

After trial, 5 the tax court concluded that the HVAC units did qualify as section 38 property. … Second, the court found that the evidence presented by Piggly Wiggly clearly established that the sole justification for installing the HVAC units was the necessity to meet the temperature and humidity requirements of other

Meadows ex rel. Estate Meadows v. Cagle's, Inc.

954 F.2d 686 · Court of Appeals for the Eleventh Circuit · Feb 28, 1992

Discharge from employment is a qualifying event. 29 U.S.C.A. § 1163 (2) (West Supp.1991). … Thus, in order to calculate properly the duration of the COBRA continuation period, the lower court must establish the date on which Mrs.

Yolanda Martes v. Chief Executive Officer of South Broward Hospital District

683 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Jun 15, 2012

Accordingly, we made clear that in evaluating whether Congress intended to establish a federal enforceable “right,” courts must look to whether the statute contains unambiguous “rights-creating” language. … Thus, we are left to determine whether Congress clearly intended to create an enforceable federal right.

Tresa Brown v. Chris Nocco

Court of Appeals for the Eleventh Circuit · Oct 2, 2019

We therefore affirm the denial of qualified immunity as to Green. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Aquamar S.A. v. Del Monte Fresh

Court of Appeals for the Eleventh Circuit · Jun 30, 1999

was “similarly qualified.”12 These qualifications meant that “[n]o representative of the Republic of Ecuador ha[d] ever purported to waive the immunity of the Republic with respect to the third, fourth and fifth-party … WAIVER OF SOVEREIGN IMMUNITY Having established our jurisdiction, we proceed to the merits of the appeal.

United States v. Beckles

565 F.3d 832 · Court of Appeals for the Eleventh Circuit · Apr 17, 2009

The court concluded that the government had established the defendant’s prior convictions and that the defendant qualified as an armed career criminal. … This finding, in turn, qualified Beckles for a sentence enhancement under § 4B1.4.

Eric Eugene Menefee, Jr. v. Javier Garcia

Court of Appeals for the Eleventh Circuit · Jan 4, 2022

Con- cluding that the officers were entitled to qualified immunity and did not violate the Constitution, the district court granted sum- mary judgment to all the defendants. … Here, the officers did not violate clearly established law by using force to subdue and handcuff Men- efee. B.

Drupatty Jaipersuad v. Timothy R. Ashley

544 F. App'x 827 · Court of Appeals for the Eleventh Circuit · Oct 22, 2013

Regarding qualified immunity, Ashley asserts on appeal that he is immune from suit because he had arguable probable cause to arrest Jaipersaud. … Since Ashley did not “specifically and clearly” articulate his current theory of qualified immunity to the district court,4 we will not address its merits on appeal. See Access Now, Inc. v. Sw.

United States v. Julio Piccinonna

885 F.2d 1529 · Court of Appeals for the Eleventh Circuit · Sep 28, 1989

Piccinonna was compelled to testify before the Grand Jury pursuant to a grant of immunity. The immunity, however, did not protect Piccinonna from prosecution for perjury committed during his testimony. … Any relevant conclusions supported by a qualified expert witness should be received unless there are distinct reasons for exclusion.

Brown v. Acting Director of Metro Dade Correctional

360 F. App'x 48 · Court of Appeals for the Eleventh Circuit · Jan 7, 2010

show that qualified immunity is not appropriate. … Ordinarily, to defeat qualified immunity, a plaintiff must show that (1) a constitutional violation occurred, and (2) the constitutional right violated was clearly established. Saucier v.