Case law

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.”

United States v. Ralph Maza A/K/A Rafael Maza

983 F.2d 1004 · Court of Appeals for the Eleventh Circuit · Feb 16, 1993

Clearly, that is neither the result the Court intended nor the meaning of the Double Jeopardy Clause. … First, the rule would immunize a defendant from future prosecution if he commits the same crime again, whether prosecuted as the greater or lesser offense.

Michael B. Brown v. Officer Robert Hooks

Court of Appeals for the Eleventh Circuit · Jul 18, 2024

To overcome qualified immunity, the plaintiff must demonstrate that (1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation … immunity.

United States v. Euladio Santiago, Jr.

Court of Appeals for the Eleventh Circuit · Apr 2, 2010

Santiago concedes that his 2005 and 2006 convictions are predicate convictions for a § 922(g)(1) violation, amply establishing Santiago’s status as a convicted felon. … Section 924(e) clearly constitutes an enhancement context.

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.

Shanteria B. Cooks v. Brian Kremler

Court of Appeals for the Eleventh Circuit · Oct 11, 2023

Although we generally are without jurisdiction to review a denial of summary judgment, there is an exception for orders denying qualified immunity. See Mitchell v. Forsyth, 472 U.S. 511 (1985). … Officer Kremler conceded at oral argument in the district court that he violated clearly established law if a jury credited Cooks’s version of the facts; he simply disagreed that any reasona- ble jury

William A. White v. William Berger, Sr.

709 F. App'x 532 · Court of Appeals for the Eleventh Circuit · Sep 15, 2017

Like state officials sued under 42 U.S.C. § 1983, federal officials sued under Bivens may raise the defense of qualified immunity. See Wilson v. Blankenship, 163 F.3d 1284, 1288 (11th Cir. 1998). … In determining whether government officials acting in their discretionary capacity are entitled to qualified immunity, we ask whether the officials violated “clearly established statutory or constitutional rights of which

Tacara Anderson v. Jonathan Vazquez

Court of Appeals for the Eleventh Circuit · May 6, 2020

“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 … To avoid summary judgment based on qualified immunity, Plaintiff carries the burden and must show both that Officer Vasquez violated a federal right and that the right was already clearly established when Officer Vasquez

Kathy Jo Taylor, a Minor, by and Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d.

818 F.2d 791 · Court of Appeals for the Eleventh Circuit · Jun 9, 1987

The complaint in this case clearly alleges knowledge and causation. . … We do not suggest by our holding the inapplicability of principles such as immunity or other defenses. .

Thomas J. McFarland v. A. Stephenson Wallace

790 F.3d 1182 · Court of Appeals for the Eleventh Circuit · Jun 22, 2015

This reasoning is sound, and the bankruptcy court’s findings of fact are not clearly erroneous. … Finally, McFarland argues that even if his Annuity does not qualify as an “annuity” under the statute, it should at least qualify as a “similar plan or contract.”

Equal Employment Opportunity Commission v. Joe's Stone Crabs, Inc.

296 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Jul 12, 2002

The EEOC, on the other hand, maintains that the issue in this appeal is not whether it established a prima facie case, but whether the district court, having considered all of the evidence as the trier of fact, clearly … Based on this testimony, we cannot say that the above-referenced factual findings are clearly erroneous.

Michael Pierce v. Randy Duane Brashears

Court of Appeals for the Eleventh Circuit · Dec 10, 2019

-12496 Date Filed: 12/10/2019 Page: 4 of 9 conduct violates clearly established federal statutory or constitutional rights of which a reasonable person would have known.” … demonstrate a constitutional violation and that the constitutional right at issue was clearly established at the time of the violation.

Christian Coalition of Florida, Inc. v. United States

662 F.3d 1182 · Court of Appeals for the Eleventh Circuit · Nov 15, 2011

After that litigation concluded, the IRS issued, via a letter dated July 31, 2008, its final determination that CC-FL did not qualify for tax exempt status under section 501(c)(4). … Accordingly, the terms of the statute or statutes waiving immunity are construed strictly, and courts may only entertain suits that are in full accord with such statutes. See Soriano v.

Mark Brivik v. Claudia Law

545 F. App'x 804 · Court of Appeals for the Eleventh Circuit · Oct 16, 2013

Officer Law moved to dismiss the claims against her based on qualified and state-law immunity, and the district court granted the motion. … He asserts that Officer Law was not entitled to qualified immunity because she lacked arguable probable cause to justify Brivik’s arrest.

Francois Alexandre v. Javier Ortiz

Court of Appeals for the Eleventh Circuit · Oct 10, 2019

And two, was that right “clearly established”? Id. … It is well-established that qualified immunity protects government officials unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

William Rivera v. Jorge Carvajal

Court of Appeals for the Eleventh Circuit · Jun 27, 2019

“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 … “A motion to dismiss a complaint on qualified immunity grounds will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” Id. (internal quotation marks omitted).

William Martin v. Mauricio Duran

Court of Appeals for the Eleventh Circuit · Apr 3, 2024

After review and with the benefit of oral argument, we (1) affirm the denial of qualified immunity as to the Martins’ false arrest and excessive force claims; (2) reverse the denial of qualified immunity … right (2) that was clearly established at the time of the official’s conduct.

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.

Wardwell v. School Board

786 F.2d 1554 · Court of Appeals for the Eleventh Circuit · Apr 22, 1986

Constructive Discharge The law in this circuit with respect to constructive discharge is well established. … The district judge pointed out that Wardwell was qualified for the Acting Director position whereas Goode was not, and that Wardwell was given an inadequate explanation of the personnel decision.

Damon v. Fleming Supermarkets of Florida, Inc.

196 F.3d 1354 · Court of Appeals for the Eleventh Circuit · Dec 3, 1999

Specifically, the district court found that Damon and Kanafani neither established that they were qualified for their positions under the McDonnell Douglas rubric nor proffered direct evidence of discrimination by Fleming … 4 (4) that she was qualified to do the job for which she was rejected.