Case law

Quebell P. Parker v. Scrap Metal Processors

386 F.3d 993 · Court of Appeals for the Eleventh Circuit · Sep 28, 2004

Thus, to prove that SMP qualifies as an open dump, the Parkers must show: (1) solid waste, (2) is disposed at SMP, (3) that SMP does not qualify as a landfill under § 6944, and (4) that SMP does not qualify as a facility … The State of Ohio argued that this language operated as a waiver of sovereign immunity from liability for civil fines imposed under EPA-approved state laws.

Burns v. Gadsden State Community College

908 F.2d 1512 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

She contends that she submitted evidence to show that she was minimally qualified for the position and that the defendants’ stated reason for not hiring her was pretextual. … The rule clearly contemplates that, in the usual case, the party moving for summary judgment will present its legal theories and assertions of fact at the time it makes the motion.

Timothy R. Johnson v. City of Warner Robbins, Georgia

Court of Appeals for the Eleventh Circuit · Dec 20, 2018

The district court further found that the law was clearly established enough to defeat Hays’s defense of qualified immunity. … was clearly established.

Deborah O'Donnell v. John Derrig

346 F. App'x 385 · Court of Appeals for the Eleventh Circuit · Aug 18, 2009

immunity. … The burden, therefore, shifted to O’Donnell to show that Derrig violated her clearly established constitutional rights.

National Labor Relations Board v. Southern Florida Hotel And Motel Association

751 F.2d 1571 · Court of Appeals for the Eleventh Circuit · Feb 8, 1985

The hotels contend that they were entitled to do so, and thus were immune to an unfair labor practice charge, because they had a permissible business justification to invoke the contract's layoff provision. 28 A section 8 … Article V, section 2, provided: Seniority shall prevail by classifications among qualified employees in the case of layoffs due to reduction in business, provided the senior employee is, in the opinion of the EMPLOYER, qualified

United States v. Willie Gene Davis

Court of Appeals for the Eleventh Circuit · Mar 11, 2010

But this assumption conflicts with the Court’s statement that “the doctrine of qualified immunity will shield officers from liability for searches conducted in reasonable reliance” on a broad reading of Belton. … Because the Court has explained that qualified-immunity doctrine employs “‘the same standard of objective reasonableness’” that defines the contours of the good-faith exception to the exclusionary rule, Groh v.

Access Now, Inc. v. Southwest Airlines Co.

385 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Sep 24, 2004

The court came to this conclusion not because the plaintiffs had tried and failed to establish some connection between the web site and a physical location, but rather because the plaintiffs never attempted to establish … Kulaylat, 215 F.3d 381, 383 (3d Cir. 2000) (“Because we hold that such an order is not final, and that the qualified-immunity issue is not properly before us, we will dismiss this appeal for lack of jurisdiction.”); FDIC

United States v. Marlon Eason

953 F.3d 1184 · Court of Appeals for the Eleventh Circuit · Mar 24, 2020

03/24/2020 Page: 10 of 21 Code § 211 is a crime of violence under the Guidelines).5 The problem with the government’s reading is that it excises the words “or property” from the statute, “violat[ing] the well-established … as the enumerated offense; if not, then the statute does not qualify.

Kevin A. Ross v. Robert James

Court of Appeals for the Eleventh Circuit · Jun 22, 2021

We address Ross’s arguments in turn and ultimately agree with the district court that James and Nix are entitled to qualified immunity. A. James and Nix are Entitled to Qualified Immunity. … “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action.” Bailey v.

Christopher Lawrence v. Gwinnett County

557 F. App'x 864 · Court of Appeals for the Eleventh Circuit · Feb 20, 2014

When asserting the affirmative defense of qualified immunity, an official must first establish that he was engaged in a discretionary function at the time he performed the challenged acts. Holloman ex rel. Holloman v. … Rather, the undisputed record evidence establishes that summary judgment on qualified-immunity grounds was proper in this case.

31 Fair empl.prac.cas. 517, 31 Empl. Prac. Dec. P 33,455 Melvin Freeman, for Himself and for All Others Similarly Situated, Cross-Appellees v. Motor Convoy, Inc., Cross-Appellants v. Douglas Spencer, Intervenor-Appellant

700 F.2d 1339 · Court of Appeals for the Eleventh Circuit · Mar 21, 1983

The National Agreement authorizes the local unions to establish a seniority system. … Thus, plaintiff Spencer's interest would clearly be antagonistic to the interest of the fictional 1965 job applicant.

Atheists of Florida, Inc. v. City of Lakeland, Florida

713 F.3d 577 · Court of Appeals for the Eleventh Circuit · Mar 26, 2013

Mayor Fields also moved to dismiss the claims against him in his official capacity as duplicative of the claims asserted against Lakeland and in his individual capacity on qualified immunity grounds. … He also argued that even if AOF’s claims survived summary judgment, he was entitled to qualified and legislative immunity as to the claims asserted against him in his individual capacity.

Almus WILSON, Plaintiff-Appellant, v. CITY OF ALICEVILLE, Defendant-Appellee

779 F.2d 631 · Court of Appeals for the Eleventh Circuit · Jan 10, 1986

According to appellant, several white males less qualified than he were hired as police officers. … was not qualified to be police chief or a police officer for the City of Aliceville; and (2) that even if appellant had established a prima facie case appellee had met its burden of articulating legitimate reasons for not

James Lee Spencer v. Walter D. Zant, Superintendent, Georgia Diagnostic & Classification Center

715 F.2d 1562 · Court of Appeals for the Eleventh Circuit · Dec 13, 1983

Adair clearly established that Spencer was both competent and capable of assisting in his defense at trial. … After this ruling, voir dire began and nineteen jurors tentatively qualified by the end of the day.

PDVSA US Litigation Trust v. Lukoil Pan Americas, LLC

991 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Mar 18, 2021

The district court noted the burden of proof used by the magistrate judge and agreed that the trust agreement was inadmissible: “The [c]ourt finds that [the Litigation Trust] has failed to establish the admissibility of … The Litigation Trust also asserts that § 489(1) does not apply because it is not a collection agency or a corporation, and does not qualify as an “association.”

Jessie Nell Smith v. City of Fairburn, Georgia

679 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Feb 15, 2017

In order to successfully prosecute this claim, Smith must first defeat Detective Israel’s defense of qualified immunity. … Law enforcement officers are entitled to qualified immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Gonzalez v. Pingree

821 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Jul 20, 1987

She was preliminarily determined qualified for expedited relief and given an interview appointment for the following Monday at which time she would receive her food stamps. … Rather, the Act mandates that the states establish administrative fair hearing procedures to redress complaints of aggrieved individuals. 7 U.S.C.

Bruce Pettway v. Steve Marshall

Court of Appeals for the Eleventh Circuit · Oct 25, 2022

Qualified Immunity We turn next to the question of qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a rea- sonable

Pamela Lewis v. City of St. Petersburg

260 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Aug 6, 2001

in the absence of such immunity") (internal quotations omitted). … Florida law, however, clearly recognizes a cause of action for the negligent handling of a firearm and the negligent decision to use a firearm separate and distinct from an excessive force claim.

Garrett v. University of AL

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

By contrast, § 2617(a)(2) clearly does more than merely provide a general grant of jurisdiction in federal court. … “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