Case law

Justin Strolis v. Lucas Heise

Court of Appeals for the Eleventh Circuit · Nov 3, 2020

“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.” Echols v. … ‘clearly established at the time.’”

Pamela Lewis v. City of St. Petersburg

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

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. … This immunity is based upon the concept of separation of powers.

Weaver Lee Hawkins, IV v. State of Alabama

318 F.3d 1302 · Court of Appeals for the Eleventh Circuit · Jan 27, 2003

to the facts of a particular prisoner’s case certainly would qualify.” … “‘Clearly established federal law is not the case law of the lower federal courts, including this Court.’

Vernell, Louis, In Re:

208 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Apr 13, 2000

It is well established that Eleventh Amendment immunity encompasses not only cases in which the State itself is named as a defendant, but also certain actions against state agents and state instrumentalities. … Thus, although these are private corporations that are neither controlled nor funded by the state, they are protected by governmental immunity when they are clearly acting as agents of the state.

Anthony Booth v. Pasco County, Florida

757 F.3d 1198 · Court of Appeals for the Eleventh Circuit · Jul 3, 2014

FACTS AND PROCEDURAL HISTORY We recount a relevant subset of the facts established at trial. A. … issues of public concern, all racist and sexist remarks automatically qualify.

Doe v. Georgia Department of Corrections

248 F. App'x 67 · Court of Appeals for the Eleventh Circuit · Aug 21, 2007

The only order we review in this appeal is the denial of Defendants’s qualified-immunity-based summary judgment motion. 2 qualified immunity in Plaintiff-Appellee James Doe … Defendants moved for summary judgment based on qualified immunity. The district court determined that Plaintiff had established a constitutional deprivation and that qualified immunity was unavailable to Defendants.

Myra Holladay Sims v. State Of Florida

862 F.2d 1449 · Court of Appeals for the Eleventh Circuit · Jan 11, 1989

Sec. 320.02(9) and stated: 9 38 H.B. 1805 places no burden on the manufacturer, which was clearly the concern behind the interpretation. … Also in contrast to Patsy, there is no possibility that the State has waived sovereign immunity in this case.

Roger Justice v. United States

6 F.3d 1474 · Court of Appeals for the Eleventh Circuit · Nov 15, 1993

Of course, we defer to the district court’s findings of fact unless they are clearly erroneous. Id. II. … Although we do not doubt the validity of the general proposition that immunity-waiving statutes should be construed narrowly, e.g., McMahon v.

Farley v. Nationwide Mutual Insurance

197 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Dec 14, 1999

The jury instructions clearly explained what types of damages could be awarded for each cause of action. … These reasons clearly are legitimate non-discriminatory reasons on their face.

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.

Donald Smith v. Harry Shorstein

217 F. App'x 877 · Court of Appeals for the Eleventh Circuit · Feb 13, 2007

On March 11, 1999, DCFS psychologists interviewed Smith to ascertain whether he qualified for “Jimmy Ryce” commitment. … “Although absolutely immune for actions taken as an advocate, the prosecutor has only qualified immunity when performing a function that is not associated with his role as an advocate for the state.”

United States v. Robert E. Douglas, Jr., Noel Lussier v. United States

55 F.3d 584 · Court of Appeals for the Eleventh Circuit · Jun 21, 1995

The EAJA clearly applies to protect successful third-party in-tervenors in civil forfeiture proceedings. See, e.g., United States v. Certain Real Estate Property Located at 4880 S.E. … property and criminal offense established in criminal prosecution by showing "that a particular asset was not forfeitable [to begin with] under the terms of the statute"). 15 .

United States v. Albert Pickett

916 F.3d 960 · Court of Appeals for the Eleventh Circuit · Feb 20, 2019

Pickett argues that, in 2007, Florida battery clearly qualified under the residual clause and that it was uncertain at best whether it also qualified under the elements clause. … Because the parties had no occasion to address the requirement established by Beeman in the district court, a remand is appropriate. See Schumann v.

Suarez v. School Board

638 F. App'x 897 · Court of Appeals for the Eleventh Circuit · Jan 19, 2016

To establish a prima facie case under Title VII for a failure-to-hire claim, a plaintiff bears the burden of proving that (1) he is a member of a protected class; (2) he applied and was qualified for the position; (3) he … Suarez failed to' establish that he was qualified to teach in the En *903 glish Language Learners program because he did not have the requisite certification for that position.

State of Georgia v. Burke

Court of Appeals for the Eleventh Circuit · Jul 22, 1998

However, there are certain well-established exceptions to Eleventh Amendment immunity. First, a state may waive its Eleventh Amendment immunity and consent to suit in federal court. See Atascadero State Hosp. v. … f) of article I, section 2, paragraph 9 of the Georgia Constitution clearly provides that the constitution’s limited waiver of sovereign immunity does not include the State’s Eleventh Amendment immunity, and the debtors

Onisheaa v. Hopper

171 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Apr 7, 1999

The court made two significant findings of fact, neither of which the plaintiffs have challenged as clearly erroneous. … And the district court did not clearly err in so finding here.

Richard A. Bolt and Richard A. Bolt, M.D. v. Halifax Hospital Medical Center

891 F.2d 810 · Court of Appeals for the Eleventh Circuit · Jan 9, 1990

accordingly refrained from deciding the immunity issue and remanded the case to the panel with the instruction that we “reconsider [our] decision in light of the hospitals’ and medical staffs’ waiver of [state-action] immunity … Clearly, Dr. Bolt’s proffered evidence was relevant.

Huie v. Bowen

788 F.2d 698 · Court of Appeals for the Eleventh Circuit · May 5, 1986

Clearly, Congress was aware of this historic equity power of the federal courts. … The Secretary’s argument that the district court’s award violates principles of sovereign immunity is without merit.

Jonie Key v. Jerry C. Lundy

563 F. App'x 758 · Court of Appeals for the Eleventh Circuit · May 7, 2014

Taylor (the Defendants)—challenge the district court’s denial of their motion to dismiss based on qualified immunity. Mott did not move to dismiss Key’s action against him and he is not a party to this appeal. … The district court rejected the Defendants’ argument that these § 1983 claims were barred by qualified immunity, finding Key had stated a constitutional claim sufficient to survive a motion to dismiss.

United States v. Charlie L. Green

969 F.3d 1194 · Court of Appeals for the Eleventh Circuit · Aug 11, 2020

Because we hold that RICO conspiracy does not qualify as a crime of * Honorable Robert L. … Therefore, RICO conspiracy does not qualify as a crime of violence under § 924(c)(3).