Case law

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.

Russell E. Martin v. City of Atlanta, Georgia

579 F. App'x 819 · Court of Appeals for the Eleventh Circuit · Sep 4, 2014

The facts before this court on the previous appeal regarding qualified immunity, however, necessarily were different than the facts currently before us. … The interlocutory appeal hinged on whether the evidence established Rubin was entitled to qualified immunity and was not an analysis of the sufficiency of the evidence for purposes of deciding a Rule 50 motion on the ultimate

Jimmy Grady Trotter v. Jeffrey Shull

Court of Appeals for the Eleventh Circuit · Dec 19, 2017

We may consider the two prongs of the qualified-immunity analysis—the merits of the underlying constitutional issue and the question whether the alleged right was “clearly established”— in any order. Pearson v. … App’x 229 (11th Cir. 2009)—which as an unpublished opinion is incapable of clearly establishing law for qualified-immunity purposes, in any event—the officer repeatedly punched and beat the plaintiff suspect.

Johnston v. Frank E. Basil, Inc.

802 F.2d 418 · Court of Appeals for the Eleventh Circuit · Oct 17, 1986

If the question is whether an individual’s contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party’s home forum, we believe the answer clearly is that it cannot … As applied to the case at bar, this Court concludes that an advertisement in an Alabama newspaper offering employment opportunities to qualified applicants, said employment to be performed entirely outside Alabama, or the

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.

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

In re: USA, U.S. E.P.A., Regional Administration, EPA, Region IV, Administrator, EPA

Court of Appeals for the Eleventh Circuit · Oct 28, 2010

The district court, without sufficient reason, sought to determine the priorities for a high-level executive official and clearly encroached on the discretion vested in the executive branch. … In contrast with Clinton, the Administrator is not being sued in her individual capacity about conduct that occurred before she took office nor are principles of qualified immunity raised by this petition.

United States v. Dean Matthews

3 F.4th 1286 · Court of Appeals for the Eleventh Circuit · Jul 6, 2021

Vail-Bailon, 868 F.3d 1293, 1295 (11th Cir. 2017) (en banc) (holding that Florida felony battery categorically qualifies as a crime of violence). … Chavez, 584 F.3d 1354, 1367 (11th Cir. 2009) (finding a sentencing court was “free to make” a reasonable inference that is not “speculative to the point of being clearly erroneous”).

Eldrick Brown v. Roderick Passmore

445 F. App'x 187 · Court of Appeals for the Eleventh Circuit · Sep 19, 2011

Defendants claim that the law was not clearly established regarding the “undisputed circumstances” of the search, and thus they were entitled to qualified immunity and summary judgment. … “We review the denial of summary judgment on qualified immunity grounds de novo,” Reams v.

Estate of Damarion Byrd v. Sentinel Offender Services, LLC

Court of Appeals for the Eleventh Circuit · Nov 10, 2025

App. 812, 815 S.E.2d 156 (2018), and ruled that, because Georgia law establishes immunity from civil liability for providers of electronic monitoring programs for the criminal acts of the defendants that … Byrd argues that SecureAlert did not address “whether an en- tity that does not qualify as an electronic monitoring provider may still seek immunity under O.C.G.A. § 17-6-1.1.”

United States v. Maxwell

579 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Aug 19, 2009

Because Paultre was not a licensed electrician, FLP’s qualifier was always a Fisk employee. … We add that the district court’s calculation was not clearly erroneous under the law of this Circuit at the time it was made.

Reinaldo Santos v. United States

982 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Dec 10, 2020

The district court looked to paragraph 37 of the PSI, which established that Santos “struck” and “kicked” the law enforcement officer. … Florida, 777 F.2d 1489, 1490 (11th Cir. 1985) (denying remand of a habeas petition where petitioner clearly could not obtain relief on remand).

Mary J. MILES, Plaintiff-Appellant, v. M.N.C. CORPORATION, Defendant-Appellee

750 F.2d 867 · Court of Appeals for the Eleventh Circuit · Jan 15, 1985

The district court made several clearly erroneous findings of fact and erred with respect to the racial slur. … The district court found the plaintiff qualified.

Brandon Coffman v. Harry Dallas Battle

Court of Appeals for the Eleventh Circuit · Sep 11, 2019

that Battle is not entitled to qualified immunity. … Page: 12 of 18 Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory

United States v. $41,305.00 in Currency and Traveler's Checks Seized From the House of Pamela and Jack Hoback, United States of America v. $41,305.00 in Currency and Traveler's Checks Seized From the House of Pamela and Jack Hoback, Cessna Finance Corporation, Intervenor-Appellant

802 F.2d 1339 · Court of Appeals for the Eleventh Circuit · Oct 21, 1986

As a practical matter, Cessna's ability to protect its interest would clearly be impeded or impaired if intervention were denied. … We have reviewed the entire transcript and find none of the facts clearly erroneous.

Teresa Pope Hooks v. Christopher Brewer

Court of Appeals for the Eleventh Circuit · Jun 19, 2020

Viewing the record that way, we determine whether qualified immunity shields officers—that is, whether the officers violated clearly established law. … And clearly so. Thus, qualified immunity does not protect Brewer’s conduct. Wesby, 138 S. Ct. at 589.

United States v. Nathan Van Buren

940 F.3d 1192 · Court of Appeals for the Eleventh Circuit · Oct 10, 2019

In particular, the district court had instructed the jury that an “official act” includes “actions that have been clearly established by settled practice as part of a public official’s position” and could include acts designed … Archer, 531 F.3d 1347, 1352 (11th Cir. 2008) (showing how an intervening decision by the Supreme Court abrogates clearly inconsistent precedent).

Barnett v. Bailey

956 F.2d 1036 · Court of Appeals for the Eleventh Circuit · Mar 27, 1992

Barnett declined to qualify under the 1988 system. … Barnett from qualifying under the 1959 system. On July 29, 1988, Mr.

Alberto Dominguez v. Paul Abreu

610 F. App'x 948 · Court of Appeals for the Eleventh Circuit · Jul 27, 2015

Dominguez’s favor establish that he was handcuffed and compliant,1 there is, consequently, a triable 1 “We review de novo the district court’s disposition of a summary judgment motion based on qualified immunity, resolving … Our case law does not support extending qualified immunity where the level of force used against a secured, compliant suspect was analogous to the aggressive takedown that occurred here.

United States v. Javonne Wilks

464 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Sep 13, 2006

The Note 3 commentary in the 1990 version of the guidelines also does not contain the “otherwise” qualifier that is present in the 2004 version of the guidelines that applies to this case. … The party challenging a sentence bears the burden of establishing unreasonableness in light of the § 3553(a) factors and the record established in the district court.