Case law

United States v. Paul S. Shriver

967 F.2d 572 · Court of Appeals for the Eleventh Circuit · Aug 5, 1992

In addition, the government failed to present evidence establishing that the investigation had been in any way hindered. … The government in this case failed in its burden to establish that Shriver significantly obstructed the official investigation.

Michael David Taylor v. Officer Andrew J. Kuncas

Court of Appeals for the Eleventh Circuit · Sep 25, 2023

Qualified immunity shields government officials performing discretionary functions from liability for civil damages in § 1983 ac- tions so long “as their conduct does not violate clearly established statutory … We agree with the district court that Officer Kuncas is enti- tled to qualified immunity.

Carey Dale Grayson v. Warden, Commissioner, Alabama DOC

869 F.3d 1204 · Court of Appeals for the Eleventh Circuit · Sep 1, 2017

If the prisoner establishes the first factor, he must establish the others as well. … The Court’s first order of business, though, should be to address the ADOC’s sovereign immunity defense.

Aishly Foy v. Sheriff of Jefferson County, Alabama

Court of Appeals for the Eleventh Circuit · Oct 24, 2024

immunity. … a qualified immunity defense was not available as to two of Foy’s claims.

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

46 Fair empl.prac.cas. 513, 46 Empl. Prac. Dec. P 37,914 Louise T. Smith v. Constance Horner, Director of the United States Office of Personnel Management

839 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Mar 18, 1988

Her proposed conclusions began: "As established in McDonnell Douglas Corp. v. … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), 19 A plaintiff may establish a prima facie case of promotion discrimination by proving that he or she is a member of a protected minority, was qualified for and

Willine Bryant v. Robert J. Buck, III

Court of Appeals for the Eleventh Circuit · Dec 5, 2019

Buck violated the constitution, we do not reach the “clearly established law” prong of the qualified immunity 11  Case: 19-11913 Date Filed: 12/05/2019 … Gracia violated his clearly established constitutional rights. At the time of Mr.

Teo A. Jamison v. Butts County Sheriff

Court of Appeals for the Eleventh Circuit · Oct 18, 2024

immunity. … Jamison filed objections to the R&R, but he did not object to the magistrate judge’s finding that the defendants were entitled to qualified immunity.

United States v. Enrique Martinez Mathews

874 F.3d 698 · Court of Appeals for the Eleventh Circuit · Oct 30, 2017

Furthermore, the government argued that even if Martinez did not qualify for an offense-level increase under subsection (A) of § 2J1.2(b)(3) by altering a “substantial number” of records, he nonetheless qualified under … Martinez clearly did choose, and therefore select, the document.

Ronnie Bartlett v. K. David Cooke, Jr.

Court of Appeals for the Eleventh Circuit · Sep 22, 2022

And third, the prosecutors were entitled to qualified immunity because it was not clearly established that “the underlying cases against [the Bartletts] would not succeed.” … To overcome qualified immunity, a plaintiff must show that the right he relies on “was clearly established at the time of the alleged misconduct.” Huebner, 935 F.3d at 1187 (quotation omitted).

Darrell J. Young v. Donald F. Eslinger

244 F. App'x 278 · Court of Appeals for the Eleventh Circuit · Jun 21, 2007

meaningful review” of the qualified immunity decision because we resolve the qualified immunity questions by finding arguable probable case and/or arguable reasonable suspicion. … Wilbur is entitled to qualified immunity.

Yolanda Martes v. Chief Executive Officer of South Broward Hospital District

Court of Appeals for the Eleventh Circuit · Jun 15, 2012

Accordingly, we made clear that in evaluating whether Congress intended to establish a federal enforceable “right,” courts must look to whether the statute contains unambiguous “rights-creating” language. … Thus, we are left to determine whether Congress clearly intended to create an enforceable federal right.

Robert Holt, Jr. v. U.S. Attorney General

486 F. App'x 97 · Court of Appeals for the Eleventh Circuit · Aug 8, 2012

The district court dismissed the complaint, finding that Grady and Lyden were entitled to qualified immunity. … “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 A. Maps v. Miami Dade Staff Attorney

693 F. App'x 784 · Court of Appeals for the Eleventh Circuit · May 11, 2017

Because absolute judicial immunity clearly bars recovery on Maps’s § 1983 claims against Bloch, and because absolute prosecutorial immunity clearly bars recovery on his § 1983 claims against Newman, to the extent he seeks … It is well established that an inmate in state custody “cannot use a § 1983 action to challenge the fact or duration of his confinement” and instead must seek federal habeas corpus or appropriate state court relief.

Bankr. L. Rep. P 69,793 in Re William H. Edgar, Debtor. Lansing J. Roy, Trustee v. William H. Edgar

728 F.2d 1371 · Court of Appeals for the Eleventh Circuit · Mar 30, 1984

. *1372 When Clinton Goodloe Edgar, grandfather of appellant, died in 1932, he left a will that directed his executors to establish from his residual estate a spendthrift trust for the benefit of his wife, his children and … As noted above, the Supreme Court has long held that under this statutory language interests of the bankrupt in a spendthrift trust, because they are not transferable, are immune from inclusion in the bankruptcy estate.

Sutton v. Lader

185 F.3d 1203 · Court of Appeals for the Eleventh Circuit · Aug 25, 1999

To establish a prima facie case of discrimination under the Act, an individual must show that (1) he has a disability; (2) he is otherwise qualified for the position; and (3) he was subjected to unlawful discrimination … Furthermore, in order to establish a prima facie case, Sutton must have demonstrated that he was "otherwise qualified" to do his job during the relevant time frame.

S.J. Groves & Sons Co. v. Fulton County

920 F.2d 752 · Court of Appeals for the Eleventh Circuit · Jan 7, 1991

Fulton County also requests that we create a qualified immunity against liability for violation of state law when a local government relies on federal regulations that have not yet been declared unconstitutional. … The County cites no authority for the creation of this new form of qualified immunity, and we decline to create it out of thin air.

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.

Raquel Pascoal Williams v. Secretary, U.S. Department of Homeland Security

741 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Jan 17, 2014

She claims § 1154(l) establishes eligibility based on the applicant’s relationship “immediately prior to the death” of the qualifying relative. … The text of the actual 2009 amendments, in their bill form, demonstrates this point even more clearly.

Michael Lee Mongeau v. Jacksonville Sheriff's Ofc.

197 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Sep 15, 2006

Defendants Farris, Edmonds, and Gorsage responded by filing a motion for summary judgment, raising qualified immunity as an affirmative defense. … Even if Mongeau could establish a viable constitutional violation, the officers asserted that they are nonetheless protected by 4 qualified immunity.