Case law

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.

Harry Barnett v. Justin Elsmore

Court of Appeals for the Eleventh Circuit · Jul 2, 2025

a constitutional right, and (2) that the right violated was clearly established. … For qualified immunity purposes, an officer does not need actual probable cause but only arguable probable cause. Grider, 618 F.3d at 1257.

Abraham Jackson Mpaka v. Sergio Arcey

Court of Appeals for the Eleventh Circuit · Sep 17, 2020

immunity. … Arcey is thus entitled to qualified immunity. REVERSED and REMANDED. 1 Because we hold that Mr. Mpaka failed to state any constitutional claim, we need not consider the clearly established law prong.

Florida Hospital Trust Fund v. Commissioner

71 F.3d 808 · Court of Appeals for the Eleventh Circuit · Jan 2, 1996

STANDARD OF REVIEW The Tax Court's finding that these trust funds were not organized and operated exclusively for exempt purposes is one of fact, subject to a clearly erroneous standard of review; this … The legislative history, they claim, broadens the scope of qualified insurance activities for I.R.C. § 501(e) purposes.

Jimmie Bowen v. Secretary, Florida Department of Corrections

92 F.4th 1328 · Court of Appeals for the Eleventh Circuit · Feb 15, 2024

One of those is when the state court whose decision is under review decided an issue in a way that involved an “unreasonable application” of clearly established federal law. … A state-court adjudication qualifies as “contrary to” clearly established federal law if that court contradicted the Supreme Court on a question of law, or if it arrived at a different conclusion than

Donya Leigh Anderson v Unum Provident Corp.

369 F.3d 1257 · Court of Appeals for the Eleventh Circuit · May 13, 2004

Because we find that Shaw clearly established and maintained an employee welfare benefits plan, we affirm. … Supp. 2d 456, 460 (S.D.N.Y. 2000) (finding an ERISA plan was established by the employer where, among other actions taken, the employer chose the eligibility requirements for participation, including a 90-day qualifying

Charles Stinson Smith and Jimmie Dean Smith v. Russellville Production Credit Association

777 F.2d 1544 · Court of Appeals for the Eleventh Circuit · Dec 12, 1985

to Citizens Bank: 4,000 4) Payment to SBA: 7,200 5) 12 shares of RPCA stock: 6,000 6) Loan fees and credit life insurance: 630 Total $92,000 About half of the loan was intended to cover crop expenses, which expenses were clearly … Our holding that punitive damages cannot be awarded against PCAs is supported by the principle of sovereign immunity, which generally bars the award of punitive damages in actions against the United States as sovereign.

Dayna Christine Clawson v. Justin Rigney

Court of Appeals for the Eleventh Circuit · Jun 13, 2019

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … is not “necessary to ensure meaningful review of” the qualified immunity issue.

Algimantas M. Dailide v. U.S. Atty. General

387 F.3d 1335 · Court of Appeals for the Eleventh Circuit · Oct 18, 2004

Commission (“DPC”), and qualify for and receive a visa from the United States Department of State. … The BIA’s credibility findings as to these witness was clearly based on reasonable, substantial, and probative evidence.

Cindy Kay Meadows, by and Through Her Guardian and the Conservator of Her Estate Jackie Meadows v. Cagle's, Inc., Liberty Mutual Insurance Co., Cagle's, Inc. Medical Benefit Plan Liberty Life Assurance Company of Boston, Cindy Kay Meadows, by and Through Her Guardian and the Conservator of Her Estate Jackie Meadows v. Cagle's, Inc., Liberty Mutual Insurance Company, Cagle's, Inc. Medical Benefit Plan, Liberty Life Assurance Company of Boston

954 F.2d 686 · Court of Appeals for the Eleventh Circuit · Feb 28, 1992

Discharge from employment is a qualifying event. 29 U.S.C.A. § 1163 (2) (West Supp.1991). … Thus, in order to calculate properly the duration of the COBRA continuation period, the lower court must establish the date on which Mrs.

Jimmy Twilley, Jr. v. Governor Bob Riley

285 F. App'x 717 · Court of Appeals for the Eleventh Circuit · Jul 30, 2008

However, we have recognized that a heightened standard of pleading is applicable to § 1983 actions against defendants who may assert qualified immunity as a defense. See Swann v. S. … “Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable

Michael W. Bass v. Board of County Commissioners, Orange County, Florida

242 F.3d 996 · Court of Appeals for the Eleventh Circuit · Feb 21, 2001

In order to establish a prima facie case of race discrimination under Title VII, the plaintiff must show that: (1) he was qualified and applied for the position; (2) he was rejected despite his qualifications; and (3) other … favor of another less qualified employee of a different race.

Lynn Hamlet v. Officer Hoxie

Court of Appeals for the Eleventh Circuit · Nov 9, 2022

Hoxie is entitled to qualified immunity because his alleged actions do not violate clearly established Eighth Amendment law. 3 The Eighth Amendment prohibits “cruel and unusual punishments.” U.S. Const. amend. … But this argument misunderstands the nature of our qualified immunity analysis. The Supreme Court has “repeatedly told courts not to define clearly established law at too high a level of generality.”

United States v. George Wuagneux

683 F.2d 1343 · Court of Appeals for the Eleventh Circuit · Aug 23, 1982

Thus, this procedure clearly facilitated the efficient completion of the search, without leaving the remaining files in total disarray. D. … This finding is not clearly erroneous and must be affirmed.

United States v. Jonathan Garrett and Christopher Garrett

727 F.2d 1003 · Court of Appeals for the Eleventh Circuit · Mar 2, 1984

The remedy of severance is justified only if the prejudice flowing from a joint trial is clearly beyond the curative powers of a cautionary instruction. 664 F.2d at 1016-17 (citations omitted). … There is certainly no language in the opinion clearly stating that a conviction for a substantive offense takes on double jeopardy implications when used to establish the continuing criminal enterprise in a subsequent § 848

Johnson v. Board of Regents of the University of Georgia

263 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Aug 27, 2001

The district court also ruled that the damages claims against Portch and Adams in their individual capacities were barred by qualified immunity. Both parties then moved for partial reconsideration. … On February 9, 2000, the district court reaffirmed its qualified immunity decision, but vacated the class certification order, on the ground that the Plaintiffs lacked standing to obtain

United States v. Najee Oliver

946 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Jan 6, 2020

In the PSI, the probation officer asserted that Oliver’s terroristic-threats conviction “clearly qualified as the ‘threatened use of physical force against the person of another’” within the meaning of the ACCA. … This point was trenchantly established in Gonzales v.

FL Paraplegic v. Miccosukee Indian

166 F.3d 1126 · Court of Appeals for the Eleventh Circuit · Feb 3, 1999

Congress therefore had notice of the need to express its intent clearly when it enacted the ADA in 1990. 13 See also White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143-44, 100 S. … According to at least one court, these terms, in conjunction with the history of the RCRA, “clearly indicate[] congressional intent to abrogate the Tribe’s sovereign immunity with respect to violations of the RCRA.”

Chandler v. Siegleman

180 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Jul 13, 1999

If that failed, the principal could assert a defense of qualified immunity, on the ground that liability for “permitting” a prayer at graduation is not clearly established by Supreme Court or Eleventh Circuit precedent. 27 … "[T]he qualified immunity test is simply the adaptation of the fair warning standard [from criminal law] to give officials (and, ultimately, governments) the same protection from civil liability and its consequences that

American Alliance for Equal Rights v. Fearless Fund Management, LLC

103 F.4th 765 · Court of Appeals for the Eleventh Circuit · Jun 3, 2024

Adams attested that he “would apply for any judicial position that [he] thought [he] was qualified for, and [he] believe[d] [he was] qualified for any position that would come up on any of the courts … Do No Harm sought to establish associa- tional standing.