Case law

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.

Libertarian Party Of Florida v. State Of Florida

710 F.2d 790 · Court of Appeals for the Eleventh Circuit · Jul 29, 1983

Once a percentage or number of signatures is established, it would probably be impossible to defend it as either compelled or least drastic. … The court clearly had authority to do so, as standing is an aspect of justiciability under Art. III of the United States Constitution. Warth v.

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.”

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

United States v. Nicky Martinez

407 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Apr 29, 2005

Although the error was not plain at the time of sentencing, “where the law at the time of trial was settled and clearly contrary to the law at the time of appeal ... it is enough that the error be ‘plain’ at the time of … These comments establish that there is a reasonable probability that the district court would have imposed a more lenient sentence if the court had considered the Guidelines to be advisory.

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).

Beverly A. Waters v. Turner, Wood & Smith Insurance Agency, Inc.

874 F.2d 797 · Court of Appeals for the Eleventh Circuit · Jun 6, 1989

She asserts that an employer should not be able to avoid Equal Pay Act liability by prohibiting qualified females from performing duties that males perform. … Madison Community Unit School District No. 12, 818 F.2d 577 (7th Cir.1987) is misplaced because the Madison court clearly did not abandon the requirement of equal work.

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.

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.

McClendon v. Drummond Coal Co.

861 F.2d 1512 · Court of Appeals for the Eleventh Circuit · Dec 20, 1988

These findings clearly constitute substantial evidence and are alone sufficient to support the AU’s decision. … Brasfield, McClendon’s physician, relied on qualifying blood-gas studies in concluding that McClendon had black lung. The AU was entitled to accord greater significance to Dr.

Ramsey v. Chrysler First, Inc.

861 F.2d 1541 · Court of Appeals for the Eleventh Circuit · Dec 27, 1988

that he was replaced by a person outside the protected group; and (4) that he was qualified for the position for which he was rejected. … This finding is not clearly erroneous and thus can not be set aside. Since the hours spent were in fact compensated, we affirm the district court’s denial of plaintiff’s prelitigation attorney’s fees. D.

Philip Long v. Commissioner of IRS

772 F.3d 670 · Court of Appeals for the Eleventh Circuit · Nov 20, 2014

As such, the taxpayer “must ‘clearly establish’ his entitlement to a particular deduction.” Anselmo v. Comm’r, 757 F.2d 1208, 1211 n.2 (11th Cir. 1985). … Here, the Tax Court committed no error because Long did not meet his burden of clearly establishing his entitlement to deduct the $600,000 paid to Steelervest.

Jonathan Corbett v. Transportation Security Administration

568 F. App'x 690 · Court of Appeals for the Eleventh Circuit · Jun 4, 2014

Qualified Immunity Principles “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory … established” at the time of the 2011 airport screening.

Mary Penelope Lakoskey v. Bonifacio Floro

Court of Appeals for the Eleventh Circuit · Dec 10, 2021

Lakoskey failed to show that “a right to a decedent’s remains was clearly established at the time of the violation”). … Floro, Arruza, Walsh-Haney, and Rao were entitled to qualified immunity because Ms. Lakoskey’s right to her daughter’s remains was not clearly established. Second, Ms.

Wardwell v. School Board Of Palm Beach County

786 F.2d 1554 · Court of Appeals for the Eleventh Circuit · May 23, 1986

Constructive Discharge 11 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.

Mary Lee Davis v. Bryan Edwards

Court of Appeals for the Eleventh Circuit · Aug 14, 2019

DISCUSSION Qualified immunity protects officers engaged in discretionary functions from civil liability only if the officers’ actions do not “violate clearly established statutory or constitutional rights of which … Thus, because we conclude from the record that Edwards’s conduct did not violate Stewart’s clearly established constitutional rights, Edwards is entitled to qualified immunity on plaintiff’s Fourth Amendment excessive force

Jeanine for Herself v. ITT Hartford

102 F.3d 494 · Court of Appeals for the Eleventh Circuit · Dec 31, 1996

In effect, section 3(b) creates an exception to the general rule that state regulated insurance activities are immune from federal regulation under the Sherman Act. … In essence, Slagle claims that the appellees conspired to fix prices at an unlawful rate, but as clearly announced in Hartford, a conspiracy to charge an inflated price is not a "boycott".

Patricia Franza v. Royal Caribbean Cruises, Ltd.

772 F.3d 1225 · Court of Appeals for the Eleventh Circuit · Nov 10, 2014

Franza also argues that many cruise ships are flagged in the Bahamas, where cruise ships must carry a “duly qualified medical practitioner.” See Bahamian Merchant Shipping Act § 124. … Again, we are unpersuaded by the breadth of this immunity-yielding rule of law.

United States v. Hilarion Alfonso Marin-Navarette

244 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Mar 23, 2001

Marin-Navarette also posits that when Congress amended section 1101(a)(43), it did not make clear its intent to change the long-established rule that only crimes with penalties over one year are felonies. … Thus, Congress clearly intended to include these heinous acts as aggravated felonies.

Foley v. Orange County

638 F. App'x 941 · Court of Appeals for the Eleventh Circuit · Jan 29, 2016

The District Court also made various immunity rulings in relation to the suits against the County employees. … The District Court properly granted summary judgment in favor oí the County because the Foleys cannot establish a “class of one” equal protection claim, as they have failed to identify a similarly situated comparator that