Case law

Carla Hilger v. Jenny Velazquez

463 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Mar 26, 2012

Qualified immunity is immunity from suit and not merely a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806, 2815 (1985). … If the constitutional right would have been violated, the court must determine whether the right was clearly established. Id. Now, courts may begin the inquiry by deciding the second question first.

Thomas Hayden Barnes v. Ronald M. Zaccari

592 F. App'x 859 · Court of Appeals for the Eleventh Circuit · Jan 12, 2015

Zaccari, 669 F.3d 1295, 1298 (11th Cir. 2012).4 This Court held that Zaccari was not entitled to qualified immunity because it was clearly established that although Barnes “was due some predeprivation process,” he received … The district court therefore denied qualified immunity as to the due process claim.

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.

United States of America and Edward H. Jackson, Revenue Agent, Internal Revenue Service v. Herbert Gottlieb and the Florida Trade Exchange, Inc.

712 F.2d 1363 · Court of Appeals for the Eleventh Circuit · Aug 22, 1983

No. 97-248, § 311 (b), 96 Stat. 324 , 601 (1982), FTE clearly qualified as a third-party recordkeeper at the time the summons was issued because it extended credit through a device similar to a credit card. 7 . … Our review of the record indicates that the district court’s finding was not clearly erroneous. 10 .

Jessie L. Morrison v. Linwood Booth

763 F.2d 1366 · Court of Appeals for the Eleventh Circuit · Jun 25, 1985

The district court’s finding of no pretext was not clearly erroneous. 3. … The court’s findings are not clearly erroneous. See 3 Rec. at 255, 277.

Joseph W. Massaro, Patricia Ann Massaro, Plaintiffs-Counterclaim Joseph P. Massaro, Plaintiff-Counterclaim v. Mainlands Section 1 & 2 Civic Association, Inc., Defendant-Counterclaim United States of America v. Mainlands Section 1 & 2 Civic Association, Inc.

3 F.3d 1472 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993

The Massaros and the United States appeal this decision. 8 A district court's findings of fact are reviewed under a clearly erroneous standard. Fed.R.Civ.P. 52(a). … We need not resolve this issue, however, because even assuming the more deferential standard of review, we hold that given the lack of supporting evidence at the time of the discriminatory acts, the district court clearly

United States v. Jerry Lee Harvey

869 F.2d 1439 · Court of Appeals for the Eleventh Circuit · Apr 14, 1989

Clearly the written terms of the agreement would be the starting place for determining the scope of immunity Harvey was granted. … Secs. 103.24, 103.26(c) (1980) and form TD-F 90-22.1 (requiring each person subject to U.S. jurisdiction to report any interest in a bank account in a foreign country) 4 Under the net worth method the government establishes

Garrett v. University of Alabama at Birmingham Board of Trustees

193 F.3d 1214 · Court of Appeals for the Eleventh Circuit · Oct 26, 1999

The outcome of this appeal is governed by the analytical framework that the Supreme Court has established with regard to the Eleventh Amendment grant of immunity to the states from federal court litigation, and the abrogation … “I join the opinion of [four other Justices of] the Court, with the understanding that [their] reasoning does not preclude congressional elimination of sovereign immunity in statutory text that clearly subjects States to

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.

Earlene Holmes v. State of Georgia

Court of Appeals for the Eleventh Circuit · Jan 15, 2013

Qualified immunity protects government officials performing discretionary functions from liability in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights … Once a defendant establishes this, the plaintiff has the burden of establishing that qualified immunity is not appropriate. Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th Cir. 2002).

St. Joseph's Hospital, Inc. v. Hospital Corp. of America

795 F.2d 948 · Court of Appeals for the Eleventh Circuit · Aug 5, 1986

Joseph’s establishment of a cardiac surgery program in violation of the Sherman Antitrust Act. St. … Thus, while the delaying tactics of the defendants are clearly immune from antitrust liability, the furnishing of misinformation to SHPA is not entitled to the same protection.

Gold v. City of Miami

151 F.3d 1346 · Court of Appeals for the Eleventh Circuit · Aug 27, 1998

In an earlier appeal, this Court held that the three City police officers and the City Police Chief were entitled to qualified immunity. Gold v. City of Miami, 121 F.3d 1442 (11th Cir.1997) ("Gold I "). … Instead, Gold submitted evidence only that there were 8,201 disorderly conduct arrests between 1986 and 1991 and that 601 such arrests were 11 In granting qualified immunity to Police Chief Ross, the Gold I court

Johnathan Mark Ruiz v. Town of Indian Shores

390 F. App'x 864 · Court of Appeals for the Eleventh Circuit · Jul 30, 2010

After reviewing the record and reading the parties’ briefs, we conclude that the district court erred in not granting Wiseman qualified immunity on the false arrest claim but properly denied Wiseman qualified immunity on … That is the situation we have here and the district court erred in not granting qualified immunity to Wiseman on this claim.

Sharon Ann Ransom v. Richard Sherman

697 F. App'x 638 · Court of Appeals for the Eleventh Circuit · Sep 6, 2017

Sherman is entitled to qualified immunity if he had arguable probable cause for the arrest. See Case v. Eslinger, 555 F.3d 1317, 1326–27 (11th Cir. 2009). … The district court was also correct to conclude that Sherman is entitled to qualified immunity on Ransom’s excessive force claim.

Carlos Ivan Vincente-Abad v. Timothy Sonnenberg

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

II “We review de novo a district court’s denial of qualified immunity,” Piazza v. … III A An officer seeking to assert a qualified immunity defense must first “establish[] that he was acting within his discretionary authority.” Bailey v.

United States v. Gonzalez

550 F.3d 1319 · Court of Appeals for the Eleventh Circuit · Dec 12, 2008

There is no dispute this conviction qualifies as a “crime of violence” under § 2L1.2. … unreasonable if the district court improperly calculates the Guidelines range, treats the Guidelines as mandatory rather than advisory, fails to consider the appropriate statutory factors, selects a sentence based on clearly

Sheriff of Broward County v. Evanston Insurance Company

Court of Appeals for the Eleventh Circuit · Nov 10, 2025

We disagree and explain why the Sheriff clearly established a justiciable controversy. A. … For multiple reasons, the Sheriff has clearly established a substantial likelihood of future injury.

Garrett v. University of Alabama at Birmingham Board of Trustees

507 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Nov 15, 2007

; (2) she was otherwise qualified for the position; and (3) she was subjected to unlawful discrimination as the result of her disability. … We must strictly interpret the terms “major life activities” and “substantially limits” so as “to create a demanding standard for qualifying as disabled . . . .” Toyota Motor Mfg., Kentucky, Inc. v.

Jeffrey Bernard Beeman v. United States

899 F.3d 1218 · Court of Appeals for the Eleventh Circuit · Aug 14, 2018

United States, 304 F.3d 1035, 1039 (11th Cir. 2002) (“A fundamental purpose for the AEDPA was to establish finality in post-conviction proceedings.”). … § 16-5-20(a)(2)] looks to the victim’s state of mind, rather than the accused’s, to establish the elements of an assault.”), overruled on other grounds by Parker v.

Smith v. Christian

763 F.2d 1322 · Court of Appeals for the Eleventh Circuit · Jun 24, 1985

Following the physical examination, appellant was notified that because he was missing his right index finger, he was not qualified for military duty as a commissioned naval officer. … The Recruiting Commander responded as follows: 6 The Navy Recruiting Command's inquiry into the facts clearly establishes that the program was not available when Mr. Smith submitted his application.