Case law

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.

Jeffrey A. Bryan v. Brandon Spillman

217 F. App'x 882 · Court of Appeals for the Eleventh Circuit · Feb 13, 2007

Because Officer Spillman was acting within the scope of his discretionary authority, it was Bryan’s burden to establish qualified immunity did not apply. Durruthy v. Pastor, 351 F.3d 1080, 1087 (11th Cir. 2003). … for qualified immunity delineated by the Supreme Court in Saucier v.

Leonardo Rodriguez-Mora v. John R. Baker, U.S. Marshal

792 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Jul 7, 1986

If Baker was acting pursuant to authorization, his actions would be within the outer perimeter of his duties and would not have violated any clearly established constitutional right and therefore he would be immune from suit … Only if the complaint is construed as alleging that Baker was acting in bad faith outside the scope of his duties can it evade the doctrine of official immunity.

Lori Sene Sorrow v. City of Atlanta

Court of Appeals for the Eleventh Circuit · Jul 15, 2022

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional right … A motion to dismiss on qualified immunity grounds “will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” Id. (quotation marks omitted); see also Keating v.

United States v. Van Horn

789 F.2d 1492 · Court of Appeals for the Eleventh Circuit · May 23, 1986

We recognize a qualified government privilege not to disclose sensitive investigative techniques. In Roviaro v. … Exculpatory No The “exclupatory no” exception to section 1001 was established in this circuit in Paternostro v. United States, 311 F.2d 298 (5th Cir.1962).

Wilson Gorrell v. Anthony Haynes

567 F. App'x 818 · Court of Appeals for the Eleventh Circuit · May 28, 2014

Libero is entitled to qualified immunity. On June 30, 2011, plaintiff first complained to Dr. Libero about having missed his medicine. Of course, this was too late to put Dr. … Libero, we cannot conclude that there has been a violation of clearly established constitutional rights. 2 See note 1, supra. 4

CBS Broadcasting, Inc. v. Echostar Communications Corp.

532 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Jul 7, 2008

The SHVA’s definition of “satellite carrier” clearly contemplates a satellite owner leasing out its capacity (i.e., transponder and other equipment). 17 U.S.C. § 119(d)(6). … In its address of the leasing arrangement, the FCC gave no indication that the lessor entity qualifies as a satellite carrier, only that the lessee carrier so qualifies. Id. at 17302-03.

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.”

Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County

450 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Jun 1, 2006

Moreover, the remaining two standing requirements also are clearly present. … We have clearly and repeatedly held that corporations are "persons" within the meaning of section 1983. See, e.g., Fla. Right to Life, Inc. 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.

United States v. Freddie Wilson

788 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Jun 5, 2015

The evidence at trial established Wilson’s Hancock Bank account activity was not consistent with a legitimate check casher. … A factual finding cannot be clearly erroneous when the 5 We reject the government’s contention that the standard of review is plain error and invited error.

United States v. Aristobulo Marin

916 F.2d 1536 · Court of Appeals for the Eleventh Circuit · Nov 9, 1990

ANALYSIS When reviewing a sentence for which a sentencing guideline has been issued by the United States Sentencing Commission, this Court accepts the district court’s findings of facts unless they are clearly erroneous and … Our remand of this case should not be interpreted as a suggestion that Marin’s case qualifies or fails to qualify as extraordinary under the amended guidelines. That decision is to be made by the district court. III.

Mary Brown v. Housing Authority of the City of McRae Georgia

784 F.2d 1533 · Court of Appeals for the Eleventh Circuit · Mar 25, 1986

of the various housing acts which [gave] them a tangible right, privilege, or immunity,’ ” citing Perry v. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980), any federal law, of any “rights, privileges, or immunities secured by the Constitution and laws.”

Steven Kraus v. Martin County Sheriff's Office

Court of Appeals for the Eleventh Circuit · Sep 4, 2018

II Qualified immunity protects government officials unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The district court determined that qualified immunity was appropriate because Kraus failed to show that the law was clearly established at the time of the incident. We agree.

John Insinga, as Personal Representative of the Estate of Mildred Insinga, Deceased v. Michelle Labella, Humana, Inc., D/B/A Biscayne Medical Center

845 F.2d 249 · Court of Appeals for the Eleventh Circuit · Apr 21, 1988

Clearly if Quinn is correctly decided, then removal would be proper here. We decline, however, to follow the Quinn reasoning. … Fraudulent joinder is a well established exception to the voluntary-involuntary rule.

Aaron Tarrie Ashley, Sr. v. Kelly Bennett

Court of Appeals for the Eleventh Circuit · Oct 27, 2022

Qualified immunity protects a government actor acting within his discretionary authority from civil damages unless he vi- olated a statutory or constitutional right that was clearly estab- lished at the time the alleged violation … Turning to the second part of the qualified-immunity inquiry, Ashley failed to cite authority with materially similar facts, a broader and clearly established principle that should apply in his situation, or facts that showed

Sierra Maldonado v. Paul Snead

168 F. App'x 373 · Court of Appeals for the Eleventh Circuit · Feb 23, 2006

Because the defendants invoked the defense of qualified immunity and established they had acted within their discretionary authority, Maldonado was required to plead facts that would strip the defendants of qualified immunity … “Our procedure in assessing qualified immunity is well-established.” Bennett v. Hendrix, 423 F.3d 1247, 1250 (11th Cir. 2005).

United States v. Bernice A. Austin, Southtrust Bank of Baldwin County

856 F.2d 1487 · Court of Appeals for the Eleventh Circuit · Nov 10, 1988

Austin requested an extension of that moratorium in February, 1983; the FmHA concluded that she did not qualify for an extension of the moratorium, but that she did qualify for the maximum interest credit, which reduced her … Austin’s loss of her home is certainly tragic, and such a loss clearly would be an exceptional experience for most individuals. However, Ms.

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.

Couzado v. United States Ex Rel. Drug Enforcement Administration of the Department of Justice

105 F.3d 1389 · Court of Appeals for the Eleventh Circuit · Feb 20, 1997

The FTCA was designed to waive sovereign immunity from suit for certain specified tortious acts of federal employees. Dalehite v. … The plaintiffs in this case have established such a proximate nexus.