Case law

Daniel Wade Hails v. Timothy Trent Dennis

Court of Appeals for the Eleventh Circuit · Jul 22, 2019

To receive qualified immunity an official must first “establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.” Griffin Indus., Inc. v. … The burden then shifts to the plaintiff to show that: (1) the defendant violated a constitutional right, and (2) the violation of the right was clearly established. Id. at 1199–1200.

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.

Nancy Carol Nigro v. Elias Carrasquillo

663 F. App'x 894 · Court of Appeals for the Eleventh Circuit · Oct 4, 2016

The district court granted summary judgment to Officer Carrasquillo on qualified immunity grounds. On appeal, Ms. … Nigro, who was a violently-resisting detainee, and that he was entitled to qualified immunity due to the lack of clearly established law prohibiting his actions.

Wineberger v. RaceTrac Petroleum, Inc.

672 F. App'x 914 · Court of Appeals for the Eleventh Circuit · Nov 30, 2016

to an adverse employment action; (3) she was qualified to do the job; and (4) she was replaced by a younger individual. … Wineberger, indicates that although she may have established a prima facie case because she was over forty, was fired, was qualified for her position after working there for five years, and was replaced by a younger individual

United States v. State of Alabama

778 F.3d 926 · Court of Appeals for the Eleventh Circuit · Feb 12, 2015

Notably, the phrase “an election” is followed by the qualifier “for Federal office.” … The parties have not cited, nor have we discovered, any intent on the part of Congress to carve out a runoff exception to the forty-five day transmission requirement, much less the “clearly expressed legislative intent

Dewayne Denney v. The City of Albany

247 F.3d 1172 · Court of Appeals for the Eleventh Circuit · Apr 11, 2001

clearly articulated their position that Chief Fields considered race in making the challenged promotion decisions. … scores dropped out of the picture once the pool of qualified applicants was established.

Monteria Najuda Robinson v. William Sauls

102 F.4th 1337 · Court of Appeals for the Eleventh Circuit · Jun 4, 2024

immunity because their use of force was not unreasonable under the circumstances. … Id. at 1337–38, 1342–44. 4 We reversed the grant of summary judgment to Officers Doyle and Heinze, concluding that they were not entitled to qualified immunity on Ms.

Secretary, U.S. Department of Labor v. Robert N. Preston

873 F.3d 877 · Court of Appeals for the Eleventh Circuit · Oct 12, 2017

So too, a sovereign State may choose to waive its Eleventh Amendment immunity from suit. This case also concerns waiver—but not of some fundamental constitutional guarantee. … A statute of repose confers on a defendant a personal privilege of sorts, in the form of an immunity from further liability.

National Ass'n for the Advancement of Colored People ex rel. Campbell v. Gadsden County School Board

691 F.2d 978 · Court of Appeals for the Eleventh Circuit · Nov 15, 1982

Marshall, 424 U.S. 636 , 96 S.Ct. 1083 , 47 L.Ed.2d 296 (1976), was insufficient, without more, to establish discriminatory purpose. … We hold that the district court’s finding was clearly erroneous. V.

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Court of Appeals for the Eleventh Circuit · Jul 8, 2015

Deputies Johnson and Fleming did not argue in their motion to dismiss Weiland’s third amended complaint, or in their brief to this Court, that they are entitled to qualified immunity. … We limit our analysis to whether the allegations in Weiland’s complaint are sufficient to state a claim upon which relief can be granted without regard to the qualified immunity defense. Our review is de novo.

Davis v. Monroe Cty. Board of Ed.

Court of Appeals for the Eleventh Circuit · Feb 14, 1996

Ruling in favor of appellant, however, would deprive future, similarly situated defendants of qualified immunity, because it would clearly establish a statutory right of which a reasonable school employee would know. … Similar concerns motivate qualified immunity. See generally Harlow v. Fitzgerald, 457 U.S. 800, 814, 102 S. Ct. 2727, 2736, 73 L.

Johnson v. United States

749 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Jan 10, 1985

from tort actions and to establish novel and unprecedented governmental liability. … Briefly put, the swine flu immunization program established that a claim otherwise available against the manufacturer of the vaccine could be brought against the United States as a substitute party defendant.

Alan A. Peightal v. Metropolitan Dade County, Metropolitan Fire Department of Dade County

940 F.2d 1394 · Court of Appeals for the Eleventh Circuit · Sep 4, 1991

The appellant established a prima facie case showing that the appellee took race into account in deciding not to hire him. See generally McDonnell Douglas Corp. v. … of the qualified labor pool.

Maritime Management, Inc., a Florida Corporation v. United States

242 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Mar 13, 2001

Unlike § 2412(b), which is not limited in this respect, § 2412(d) requires parties to qualify under statutorily prescribed net worth máximums. … Because the EAJA is a waiver of sovereign immunity and as such must be strictly construed, Haitian Refugee Center v.

Roosevelt Simmons v. K. Cimock

576 F. App'x 967 · Court of Appeals for the Eleventh Circuit · Aug 14, 2014

§ 28.12, and Simmons has failed to show that the defendants’ actions violated any clearly-established constitutional rights, see Andujar v. Rodriguez, 486 F.3d 1199, 1202-03 (11th Cir. 2007). … Accordingly, the defendants are entitled to qualified immunity from Simmons’ claim, and the district court did not err in dismissing the complaint.

United States v. George Franklin Patrick, Jr.

983 F.2d 206 · Court of Appeals for the Eleventh Circuit · Feb 12, 1993

STANDARD OF REVIEW We review the district court’s factual determinations in applying the sentencing guidelines under the clearly erroneous standard. E.g., United States v. … government's withholding of his business records, (3) its jury instruction concerning deliberate ignorance, (4) its denial of his request to represent himself, (5) its order requiring him to testify after he had entered into an immunity