Case law

Arnold Johnson v. CO II Boyd

701 F. App'x 841 · Court of Appeals for the Eleventh Circuit · Jul 12, 2017

As a concluding matter, the state argues that this Court should affirm the dismissal of Johnson’s claim on the basis of qualified immunity. … However, the magistrate judge’s report and recommendation adopted by the district court did not address qualified immunity.

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.

Joseph Wheeler v. City Of Pleasant Grove

896 F.2d 1347 · Court of Appeals for the Eleventh Circuit · Apr 16, 1990

immunity. … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), in which the Supreme Court held that municipalities cannot claim good faith or qualified immunity as a defense in section 1983 actions.

Judith Alcocer v. Jailer Ashley Lynn Mills

Court of Appeals for the Eleventh Circuit · Feb 20, 2020

After the official establishes that, the plaintiff bears the burden of demonstrating that qualified immunity is inappropriate. Id. … To overcome qualified immunity, the plaintiff must demonstrate “both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established at the time of the misconduct.”

Charles Thompson v. Sheriff of Indian River County, Florida

Court of Appeals for the Eleventh Circuit · Apr 15, 2022

But Thompson failed to show that the detectives violated a clearly established constitutional right, so the district court properly concluded that the detectives are entitled to qualified immunity. … We hold that Detectives Dean and Scott are entitled to qualified immunity.

D. Tammy COUTU, Plaintiff-Appellant, v. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, Robert H. Oldland, Defendants-Appellees

47 F.3d 1068 · Court of Appeals for the Eleventh Circuit · Mar 16, 1995

Absent direct evidence of discrimination, a plaintiff in a termination case establishes a prima facie ease by showing (1) that she is a member of a protected class, (2) that she was qualified for the position held, (3) that … The employer may rebut this inference by “clearly articulating in a reasonably specific manner a legitimate non-discriminatory reason” for the adverse action.

George Harris v. Jon Hixon

102 F.4th 1120 · Court of Appeals for the Eleventh Circuit · May 17, 2024

Bultman and Hixon respond that they are entitled to qualified immunity. … Gulley, 50 F.4th 90 (11th Cir. 2022), but that case does him no good in regard to the brief detention exception of Williams and Wood because it is clearly distinguishable from those two cases and this

Sandra Jackson v. BellSouth Telecommunications

372 F.3d 1250 · Court of Appeals for the Eleventh Circuit · Jun 14, 2004

Florida’s litigation privilege affords absolute immunity for acts occurring during the course of judicial proceedings. … Here, the complaint “affirmatively and clearly” establishes that the challenged conduct related to the Adams litigation, and therefore, that the litigation privilege bars the action.

Thomas George Hyland v. Danny L. Kolhage

267 F. App'x 836 · Court of Appeals for the Eleventh Circuit · Feb 26, 2008

The court also concluded that Hyland’s claims against Thurston should be dismissed because she was entitled to qualified immunity and Hyland had failed to allege deliberate indifference. … arising from acts they are specifically required to do under court order or at a judge’s direction, and only qualified immunity from all other actions for damages.”

Noble v. Alabama Department of Environmental Management

872 F.2d 361 · Court of Appeals for the Eleventh Circuit · May 2, 1989

The district court entered judgment for the appellees, finding that Noble had not established a prima facie case. … This Court has stated that, in the context of wrongful discharge, the factors are as follows: The plaintiff must establish that (i) he is a member of a minority; (ii) that he was qualified for the job; (iii) that he was discharged

Timothy Williams v. David Scott

682 F. App'x 865 · Court of Appeals for the Eleventh Circuit · Mar 21, 2017

Chesney’s, motion for summary judgment on grounds that Deputy Chesney had qualified immunity because he had arguable probable cause to seek a warrant for the Mr. Williams’s arrest. … We affirm on the grounds that the evidence taken in the light most favorable to the plaintiffs showed that Deputy Chesney did not act with malice and we do not reach the issue of qualified immunity.

United States v. Harvey Kelly Sims

845 F.2d 1564 · Court of Appeals for the Eleventh Circuit · May 27, 1988

The court stated that this fee information was necessary in order to properly qualify the jury and to alleviate any possible conflicts of interest. … The unchallenged statements of Jarriel and the independent police investigation clearly establish a finding of probable cause under the third prong in Franks .

United States v. Raymon Marquell Harris

941 F.3d 1048 · Court of Appeals for the Eleventh Circuit · Oct 29, 2019

state conviction did not qualify as a Shepard 1 document and therefore could not be considered by the sentencing court, and (2) the plea colloquy itself failed to establish under which subsection of § 13A-6-20(a) he pled … Together, Welch and Hylor establish, and we now hold, that attempted first-degree assault under § 13A-6-20(a)(1) qualifies as a violent felony under the ACCA’s elements clause.

Majorie Depalis-Lachaud v. Kenneth E. Noel

505 F. App'x 864 · Court of Appeals for the Eleventh Circuit · Jan 30, 2013

that “was clearly established” by existing law at the time. … establish the law for qualified- immunity purposes.

William v. May v. Kevin Sasser

666 F. App'x 796 · Court of Appeals for the Eleventh Circuit · Nov 15, 2016

Moving for reconsideration of the Also, May argues that the district court erred in concluding that Sasser is entitled to qualified immunity. … “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Arce v. Garcia

400 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Feb 28, 2005

Express Corp., 372 F.3d 1233, 1242 (11th Cir.2004) (“[T]he plaintiffs must establish that tolling is warranted.”). … Nevertheless, the plaintiffs’ failure in this case to qualify for equitable tolling is not a death knell for future claimants.

United States v. Kevin Anthony Ricks

817 F.2d 692 · Court of Appeals for the Eleventh Circuit · May 20, 1987

Ricks has not convinced us that the district court’s finding was clearly erroneous; therefore, we affirm on this issue. E. … The district court found that the statements did not qualify as Jencks Act statements.

Lisa Williams v. City of Homestead, FL

206 F. App'x 886 · Court of Appeals for the Eleventh Circuit · Nov 2, 2006

Because a police officer may be entitled to qualified immunity protection from § 1983 claims, we begin with the two-part analysis established by Saucier v. Katz, 533 U.S. 194, 201, 121 S. Ct. 2151, 2156 (2001). … “Even if the officer makes a mistake, he may still be entitled to qualified immunity. Hunter v. Bryant, 502 U.S. 224, 227, 112 S. Ct. 534, 536 (1991).

Sims v. Florida, Department of Highway Safety & Motor Vehicles

862 F.2d 1449 · Court of Appeals for the Eleventh Circuit · Jan 11, 1989

Stat. § 320.02 (9) and stated: 9 H.B. 1805 places no burden on the manufacturer, which was clearly the concern behind the interpretation. … Jurisdictional Issues We now turn to the jurisdictional issues of standing, mootness, and sovereign immunity. 14 A.

Moton v. Cowart

631 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Feb 2, 2011

In so doing, the court found that Moton had stated a cognizable claim against Cowart for which she was not entitled to qualified immunity. … Retaliation Claim An inmate must establish three elements to prevail on a retaliation claim. Bennett, 423 F.3d at 1250.