Case law

Candice Sorrells v. Josh Smith

Court of Appeals for the Eleventh Circuit · Aug 29, 2024

To show that qualified immunity does not apply, “a plaintiff must . . . prove that the defendant violated a constitutional right that was clearly established when the violation allegedly occurred.” … “[S]uch . . . conclusory [statements] clearly [are] insufficient to establish probable cause.”

Gene Thompson Lumber Co., Inc. v. Davis Parmer Lumber Company, Inc.

984 F.2d 401 · Court of Appeals for the Eleventh Circuit · Feb 26, 1993

A. 5 In this appeal, Davis-Parmer asks us to set aside the district court's judgment on the following grounds: (1) Davis-Parmer enjoyed qualified immunity, (2) Thompson Lumber failed to establish that Davis-Parmer's acts … Section 1983 provides that "[e]very person who, under color of any statute ... of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

Garcia v. Killingsworth

425 F. App'x 831 · Court of Appeals for the Eleventh Circuit · Apr 28, 2011

The district court correctly concluded that the defendants are entitled to qualified immunity on Garcia’s unreasonable seizure claim. … Additionally, the district court correctly determined that Killingsworth is entitled to qualified immunity on Garcia’s excessive force claim.

Hannibal Buress v. Luis Verne

Court of Appeals for the Eleventh Circuit · Aug 6, 2024

Buress states 2 We review the denial of qualified immunity de novo. Wilkerson v. … Buress asserts the law was clearly established in Florida that bribery and unlawful compensation applied only to official acts.

Jefferson County v. Acker

Court of Appeals for the Eleventh Circuit · Aug 21, 1995

Thus, while James rejected "[t]he theory, which once won a qualified approval, that a tax on income is legally or economically a tax on its source," Graves v. New York ex rel. … Instead, to qualify for tax immunity, the taxed entity must "actually "stand in the Government's shoes,' " United States v. New Mexico, 455 U.S. at 736, 102 S.Ct. at 1383 (quoting City of Detroit v.

Mildred Chikodili Ugokwe v. U.S. Atty. Gen.

453 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Jun 28, 2006

The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien . . . pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes … The instant motion is clearly not frivolous, and the instant case clearly does not present a situation of an abusive tactic aiming simply to gain additional time in the United States.

Pleadro J. Scott v. R. Gomez, C. Weston

Court of Appeals for the Eleventh Circuit · Dec 4, 2019

Where there are “legal issues underlying the qualified immunity determination,” which is part of the “‘core qualified immunity’ analysis,” we properly exercise jurisdiction over the appeal. Id. (quoting Cottrell v. … Second, they argue that the constitutional violation alleged by Scott was not “clearly established law.”

In Re: Frank James Welch, Jr.

884 F.3d 1319 · Court of Appeals for the Eleventh Circuit · Mar 15, 2018

degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly … Those records establish that Welch was convicted under Ala.

Earl E. Reeder v. Harry Oakley

595 F. App'x 890 · Court of Appeals for the Eleventh Circuit · Dec 11, 2014

immunity. … Under Reeder’s version of events, the officers were not entitled to qualified immunity.

United States v. Keyiona Marvete Wright

862 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Jul 14, 2017

The factual proffer established that the 13,811 identities included 331 debit or credit cards. … establish that a defendant has accepted personal responsibility.”

Kelly B. Mathis v. Donald Eslinger

Court of Appeals for the Eleventh Circuit · Nov 10, 2022

The magistrate judge explained that qualified immunity turned on whether the Master Affidavit established probable cause to arrest Mathis. … “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.

Miccosukee Tribe v. Florida State Athletic Comm.

Court of Appeals for the Eleventh Circuit · Sep 13, 2000

The plaintiff has the burden to “clearly and specifically set forth facts sufficient to satisfy [] Art. III standing requirements.” … on the basis that the Tribe can establish no set of facts under which Florida’s tax would be preempted by federal law or infringe upon the Tribe’s right to self-governance.

Medicare & Medicaid Guide P 46,088, 11 Fla. L. Weekly Fed. C 1071 John/jane Doe, 1-13 by and Through Mr./mrs. Doe Sr. No.'s 1-13 as Natural Guardians on Behalf of John/jane Doe 1-13 and on Behalf of Those Similarly Situated, Florida Association of Rehabilitation Facilities Incorporated, a Not-For-Profit Association, United Cerebral Palsy of Florida, Incorporated, a Florida Not-For-Profit Corporation v. Lawton Chiles, in His Official Capacity as Governor of the State of Florida, Robert Williams, Individually and in His Official Capacity as Secretary of the Department of Health & Rehabilitative Services of the State of Florida, Gary Clarke, Individually and in His Official Capacity as Assistant Secretary for Medicaid, Department of Health & Rehabilitative Services of the State of Florida, Charles Kimber, in His Official Capacity as Assistant Secretary for Developmental Services of the Department of Health & Rehabilitative Services, State of Florida, Secretary of the Department of Health and Rehabilitative Services, Edward A. Feaver, in His Official Capacity

136 F.3d 709 · Court of Appeals for the Eleventh Circuit · Feb 26, 1998

In April 1990, the district court established a weekly reporting mechanism for compliance with the March 1990 injunction. … The Supreme Court has not limited its application of sovereign immunity to the suits described in the text of the Eleventh Amendment.

Demetrius Gatling v. Shane Roland

458 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Feb 14, 2012

immunity. … Roland and Mincey now appeal the district court’s qualified immunity ruling. We affirm.

United States v. Pantle

637 F.3d 1172 · Court of Appeals for the Eleventh Circuit · Apr 4, 2011

But it is enough that the error was plainly established under the law at the time of appellate review. United States v. … Stat. § 784.03 does not categorically qualify as a “crime of violence” under § 2K2.1(a).

Doe v. Valencia College Board of Trustees

838 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Oct 4, 2016

Because the district court ruled that the employees did not violate the students’ constitutional rights, the district court also rejected the conspiracy claim and held that the employees were entitled to qualified immunity … Hayes, 378 F.3d 1201, 1207 (11th Cir. 2004), each ultrasound clearly constituted a search.

Ernest L. Griffin, Cross-Appellees v. Carl Carlin, Postmaster General, Cross-Appellant

755 F.2d 1516 · Court of Appeals for the Eleventh Circuit · Mar 28, 1985

This Court may not reverse the decision of the district court unless plaintiffs establish that the court’s findings of fact, whether of subsidiary or ultimate fact, are clearly erroneous or that the court erred as a matter … We cannot say that the court’s findings as to awards are clearly erroneous. D.

United States v. David Jesus Jimenez

972 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Aug 25, 2020

Further, if there is no qualifying relationship, then the petitioner does not qualify for the EB-1C visa program. … The I-140 petitions and cover letters containing statements demonstrating joint ventures are clearly documents “required” by 8 C.F.R. § 204.5(j)(1) and (j)(3)(i)(C).

Nora C. BELL, Plaintiff-Appellant, v. BIRMINGHAM LINEN SERVICE, Etc., Defendant-Appellee

715 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Sep 30, 1983

Westbrook apparently told them that Mason was more qualified. … This seems particularly appropriate in this case since BLS clearly has greater access to proof of these facts than does Bell.

David S. Bennett v. Gary Langford

Court of Appeals for the Eleventh Circuit · Nov 8, 2019

Qualified immunity protects government officials engaged in discretionary functions unless they violate clearly established federal statutory or constitutional rights of which a reasonable person would have known. … As to qualified immunity, because Langford and Cherry were acting within their discretionary authority, the burden shifted to Bennett to show that their actions violated a clearly established constitutional right.