Case law

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  • Caroline P. Payne v. United States

    730 F.2d 1434 · Court of Appeals for the Eleventh Circuit · Apr 30, 1984

    . § 2680 (a), immunized the Government from liability. We affirm. … It includes determinations made by executives or administrators in establishing plans, specifications or schedules or operations”. 346 U.S. at 35-6 , 73 S.Ct. at 967-68 .

    Cited 7 timesPublished
  • United States v. Bent

    707 F.2d 1190 · Court of Appeals for the Eleventh Circuit · Jun 20, 1983

    We cannot reverse the district court’s decision to admit the evidence unless that decision was clearly erroneous. United States v. … Quinones argues this was clearly beyond the scope of cross-examination, but we disagree.

    Cited 17 timesPublished
  • Warren Darlow v. Frank Babineck

    Court of Appeals for the Eleventh Circuit · Oct 27, 2022

    Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate “clearly established statutory or constitutional rights of which a USCA11 Case: 21-13020 … Accordingly, to determine whether qualified immunity applies, a court should determine whether the facts alleged by the plaintiff established a violation of a constitutional right, and, if so, whether that right was clearly

    Cited 0 timesUnpublished
  • Nail v. Community Action Agency of Calhoun County

    805 F.2d 1500 · Court of Appeals for the Eleventh Circuit · Dec 16, 1986

    However, extensive regulation by the state is not enough to establish state action. … However, under the standard set forth in Rendell-Baker, this type of proof is clearly insufficient to establish that the decision to dismiss her was made under color of state law.

    Cited 3 timesPublished
  • Lee Johnson v. Michael Niehus

    491 F. App'x 945 · Court of Appeals for the Eleventh Circuit · Oct 16, 2012

    “Qualified 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 … Thus, the burden shifts to Johnson to show that the officers are not entitled to qualified immunity. Id.

    Cited 3 timesUnpublished
  • Shirley Morrison vs City OF bAinbridge, GA

    432 F. App'x 877 · Court of Appeals for the Eleventh Circuit · Jun 27, 2011

    First, it found the defendants were entitled to qualified immunity. Second, it found that sex-plus-age discrimination claims are not actionable under § 1983. … A government official is entitled to qualified immunity if, under the facts as alleged, his official conduct did not violate a clearly established statutory or constitutional right of which a

    Cited 1 timesUnpublished
  • In Re: Keith Devon Adams

    825 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Jun 15, 2016

    Adams’s prior burglary conviction qualified as a predicate offense. But Mr. … stated that the issue of whether it qualified was unresolved.

    Cited 21 timesPublished
  • Johnny L. Grandison v. John H. Smith, Mayor

    779 F.2d 637 · Court of Appeals for the Eleventh Circuit · Mar 10, 1986

    From the record, reviewed in its totality, the decision to submit this case to the jury, and to uphold its decision that appellees were terminated for political reasons, was not clearly erroneous. … Nor did Cleveland produce evidence sufficient to create a qualified immunity defense. Dennis v. Sparks, 449 U.S. 24, 29 , 101 S.Ct. 183, 187 , 66 L.Ed.2d 185 (1980); Douthit v. Jones, 619 F.2d 527, 534 (5th Cir.1980).

    Cited 14 timesPublished
  • Frank Dwight Mack v. Ti'Quita Miles

    Court of Appeals for the Eleventh Circuit · Nov 13, 2019

    Qualified immunity provides “complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Once a defendant raises qualified immunity as a defense, and demonstrates that her actions were discretionary in nature, the burden shifts to the plaintiff to prove that the defendant violated his clearly-established constitutional

    Cited 0 timesUnpublished
  • Michael Edward Pair v. City of Parker FL Police

    383 F. App'x 835 · Court of Appeals for the Eleventh Circuit · Jun 16, 2010

    The defendants filed special reports arguing that they were entitled to qualified immunity. … as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 4 timesUnpublished
  • Connie SQUIRES, Plaintiff-Appellant, v. DELTA AIR LINES, INC., Defendanf-Appellee

    967 F.2d 575 · Court of Appeals for the Eleventh Circuit · Aug 5, 1992

    employee is considered and the best qualified is selected.” … Squires had returned to work in good health, she was not considered for the position because of a unilateral decision by Delta not to comply with its established procedure to consider all qualified employees.

    Cited 0 timesPublished
  • Casa Express Corp v. Bolivarian Republic of Venezuela

    Court of Appeals for the Eleventh Circuit · Oct 29, 2025

    The district court concluded that (1) Venezuela validly waived its immunity from suit under the Foreign Sovereign Immunities Act (“FSIA”) in the FAAs, and (2) Casa was entitled to its requested relief … And the district court clearly lacked ancillary jurisdiction over the supplementary proceedings. E.

    Cited 0 timesPublished
  • United States v. William M. Conover and Anthony R. Tanner

    772 F.2d 765 · Court of Appeals for the Eleventh Circuit · Sep 30, 1985

    The evidence is clearly sufficient to support the conclusion that these transactions occurred. … Had the government been required to show a knowing violation of an REA rule, regulation, or procedure, the letter would have clearly been admissible.

    Cited 10 timesPublished
  • Curtis Spires v. John Paul

    581 F. App'x 786 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

    Although the district judge did not rule on qualified immunity, Brewton raised it in the district court and also raised it on appeal. … Accordingly, we conclude Brewton is entitled to qualified immunity. B.

    Cited 11 timesUnpublished
  • Diego F. Castillo-Arias v. U.S. Attorney General

    446 F.3d 1190 · Court of Appeals for the Eleventh Circuit · Apr 20, 2006

    And because the Castillos failed to meet the lower burden of proof for establishing eligibility for asylum, the IJ denied withholding of deportation because they could not satisfy the higher burden of proof to qualify for … An agency’s interpretation is deemed reasonable unless it is “arbitrary, capricious, or clearly contrary to law.” Alabama Power Co. v. Fed.

    Cited 202 timesPublished
  • Alfred Barr v. David Gee, Paul Fitts

    437 F. App'x 865 · Court of Appeals for the Eleventh Circuit · Aug 16, 2011

    All of the named defendants moved to dismiss on grounds of failure to state a claim and entitlement to qualified immunity. … 20 qualified immunity for such conduct.

    Cited 64 timesUnpublished
  • Kilgore v. Secretary, Florida Department of Corrections

    805 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Nov 16, 2015

    The “clearly established Federal law” requirement is one of those limits. … Justice O’Connor noted in Williams that “whatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly established Federal law, as determined by the Supreme Court of the United States’ under

    Cited 20 timesPublished
  • United States v. Andre Michael Dubois

    94 F.4th 1284 · Court of Appeals for the Eleventh Circuit · Mar 5, 2024

    on point” and “clearly contrary to” our earlier decision. … We interpreted Heller as limiting the right to “law-abiding and qualified individuals” and as clearly excluding felons from those categories by referring to felon-in-pos- session bans as presumptively

    Cited 121 timesPublished
  • Slagle v. Itt Hartford

    102 F.3d 494 · Court of Appeals for the Eleventh Circuit · Dec 31, 1996

    Slagle therefore claims that the McCarran-Ferguson Act does not entitle the appellees to immunity from her antitrust claims. … In essence, Slagle claims that the appellees conspired to fix prices at an unlawful rate, but as clearly announced in Hartford, a conspiracy to charge an inflated price is not a "boycott".

    Cited 20 timesPublished
  • Sammy Wilson v. Aaa Plumbing Pottery Corporation

    34 F.3d 1024 · Court of Appeals for the Eleventh Circuit · Oct 11, 1994

    the well-established methodology from McDonnell Douglas Corp. v. … replaced by someone outside the protected group; and (4) was qualified to do the job.

    Cited 7 timesPublished

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