Case law

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.

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.

Kitchen v. Csx Transportation, Inc.

6 F.3d 727 · Court of Appeals for the Eleventh Circuit · Nov 8, 1993

allocate county funds to close the bridge rather than repair it." 30 The Court of Appeals explained: 14 Should the county decide when a street should be opened, closed, or repaired, or when a sewer should be built, it is clearly … A constitutional amendment that rewrote this paragraph was approved by a majority of the qualified voters voting in the general election on November 6, 1990.

John H. Lewis v. Federal Prison Industries, Inc., a Corporation Chartered Under the Laws of the United States

953 F.2d 1277 · Court of Appeals for the Eleventh Circuit · Feb 18, 1992

Not every claim, however legitimate, will produce circumstances which so clearly mandate the remedy of front pay. … . § 633a(c) was not sufficient to overcome either the so-called “American rule” of attorney’s fees, or the doctrine of sovereign immunity. We agree.

Roberto Beaz v. Michael Rogers

522 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Jul 2, 2013

Page: 3 of 5 immunity. … Over Baez’s objections, the District Court adopted the R&R and dismissed Baez’s complaint for failing to state a claim and because Rogers was entitled to qualified immunity.

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.

Emmitt Harvey v. City of Stuart

296 F. App'x 824 · Court of Appeals for the Eleventh Circuit · Oct 17, 2008

immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … This court applies a two-step test to determine if qualified immunity should apply.6 First, the court considers “whether the plaintiff’s allegations, if true, establish a constitutional violation.”

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.

Luis W. Lebron v. Secretary of the Florida Department of Children and Families

Court of Appeals for the Eleventh Circuit · Dec 3, 2014

In the application, an individual must disclose certain information, including medical history, immunization records, living arrangements, social security numbers, family income, employment history, and job-search activities … Mack excluded, the State did not put forward a qualified expert to present them. See Fed. R.

H.M. v. Nicholas Castoro

Court of Appeals for the Eleventh Circuit · Nov 15, 2024

The second part of the qualified-immunity test asks whether the violation was “clearly established” at the time of the challenged conduct. District of Columbia v. Wesby, 583 U.S. 48, 63 (2018). … He relies, instead, on the other two ways to show a clearly established violation—a broad, clearly established princi- ple and “egregious” conduct. But neither work here.

Calvin Lee Robinson v. L.B. Rankin

Court of Appeals for the Eleventh Circuit · May 13, 2020

Second, the plaintiff must show that the violated right was “clearly established” at the time of the incident. See id. … We have recognized three ways a plaintiff can show that a constitutional right was clearly established.

Torrence Windell Allen v. Tennille Gooden

521 F. App'x 754 · Court of Appeals for the Eleventh Circuit · Jun 4, 2013

The district court held that both Paige and Gooden were entitled to qualified immunity. … the defendant is entitled to qualified immunity under the plaintiff’s version of the facts.

State of Georgia v. Shawn Micah Tresher Still

Court of Appeals for the Eleventh Circuit · Oct 24, 2024

The district court clearly did not abuse its discretion in abstaining based on Younger. IV. … I rely on the Equal Protection Clause and on the Privileges and Immunities Clause of the Fourteenth Amendment.”)

Benjamin Daker v. Brad Steube

514 F. App'x 885 · Court of Appeals for the Eleventh Circuit · Mar 27, 2013

“To be eligible for qualified immunity, the official must first establish that he was performing a ‘discretionary function’ at the time the alleged violation of federal law occurred.” Crosby v. … To do so, the plaintiff must show that the official committed a constitutional violation in a way that was clearly established at the time. Id. Mr.

Brian Morris v. Emory Clinic, Inc.

402 F.3d 1076 · Court of Appeals for the Eleventh Circuit · Mar 8, 2005

Morris recommended the patient see a fertility clinic to potentially qualify to receive an egg from a younger female. … Hospitals have immunity from liability for complying with this statute unless the report filed is knowingly false. 15 See 42 U.S.C. § 11137(c).

William S. Steele v. Doctor Shah, Mental Health Department, Orange County Jail

87 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Sep 6, 1996

In this circuit, it is established that psychiatric needs can constitute serious medical needs and that the quality of psychiatric care one receives can be so substantial a deviation from accepted standards as to evidence … In Greason , reviewing the denial of summary judgment on qualified immunity grounds, we held that there exists a “clearly established right to have [one’s] psychotropic medication continued if discontinuation would amount

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

Frank Hartley v. City of Tuscaloosa Alabama

147 F. App'x 61 · Court of Appeals for the Eleventh Circuit · Aug 10, 2005

Butler contends that the district court erred in denying his motion to dismiss grounded upon qualified immunity.1 We agree. … Butler is therefore entitled to qualified immunity.

Gonzales Ex Rel. Estate of Bourgeois v. Garner Food Services, Inc.

89 F.3d 1523 · Court of Appeals for the Eleventh Circuit · Aug 2, 1996

When Congress enacted the ADA in 1990, it was clearly established Title VII case law that the term “employee” includes former employees. Congress is deemed to be familiar with such case law. … The text of the ADA expressly refers to Title VII, and the legislative history clearly indicates a congressional intention to incorporate the established Title VII meaning for the term “employee.”

United States v. Jonathan Blanco

102 F.4th 1153 · Court of Appeals for the Eleventh Circuit · May 23, 2024

LaFave et al., Criminal Procedure § 8.11(e) (4th ed. 2023) (“For informal immunity, unlike statutory use/derivative-use immunity, issues relating to the scope of the immunity cannot be answered by … Its findings were thorough and clearly set out at the sentencing hearing. See id. at 69–74. As for the second, though we doubt that a defendant like Mr.