Case law

Phillip Cordell Fikes v. Patrick Collard

Court of Appeals for the Eleventh Circuit · Nov 8, 2019

Qualified immunity shields “government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Even if Anderson’s constitutional rights were violated, however, Abrams and Collard still would be entitled to qualified immunity unless that right was clearly established at the time.

Fields v. United States

577 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Aug 18, 2014

Because of his first conviction for participation in a cocaine conspiracy, Fields qualified as a career offender at the time of his sentencing. … Because we “allot substantial deference to the factfinder in reaching credibility determinations with respect to witness testimony,” the district judge did not clearly err in adopting Crawford’s version of the events as more

United States v. Ronald Keith Brown

415 F.3d 1257 · Court of Appeals for the Eleventh Circuit · Jul 8, 2005

Irwin acknowledged that the fact one compound metabolizes into another is not enough by itself to establish substantial similarity between their chemical structures. … Nor can we say that its key credibility determination was clearly erroneous.

Elaine Rogers, Plaintiffs-Counter-Defendants-Appellees v. Windmill Pointe Village Club Association, Inc., Defendants-Cross-Claim-Plaintiffs-Appellants

967 F.2d 525 · Court of Appeals for the Eleventh Circuit · Aug 3, 1992

Sapinkopf, to meet their burden of establishing that they qualify for the “older persons” exception, the Court finds that Plaintiffs have established a substantial likelihood that Plaintiffs will prevail on the merits. … Therefore, the Court finds that Plaintiffs have established the existence of irreparable injury.

Eddie L. Ash v. J.L. Black

Court of Appeals for the Eleventh Circuit · Jul 1, 2020

However, a plaintiff alleging excessive force can overcome a qualified immunity defense by showing that his Eighth Amendment rights have been violated without showing that the rights were clearly established. … Moreover, as Ash’s allegations establish an Eighth Amendment violation, we conclude that the district court erred in determining that the officers were entitled to qualified immunity.

Anita Andrews v. Brandon Marshall

Court of Appeals for the Eleventh Circuit · Feb 3, 2021

To defeat qualified immunity, Ms. … “A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

Glassco v. Miller Equipment Company

966 F.2d 641 · Court of Appeals for the Eleventh Circuit · Jul 20, 1992

First, the contractor must establish that its activity involves a "uniquely federal" interest warranting the displacement of state law. Id. at 504 , 108 S.Ct. at 2514 . … Miller's manufacture of the lineman's belts for the Army was clearly a matter of "uniquely federal" interest.

Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v. The Florida Priori of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, the Ecumenical Order

Court of Appeals for the Eleventh Circuit · Sep 11, 2012

Vann—only one of whom was qualified as an expert in the history of the Order of Malta. … Third, a Awitness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if@ four conditions described in Rule 702 are established.

Matthew Ladd v. City of West Palm Beach

681 F. App'x 814 · Court of Appeals for the Eleventh Circuit · Mar 6, 2017

Moreover, there is no clearly established law that would have alerted Sgt. … Hagan would clearly be entitled to qualified immunity. Accordingly, as an alternative holding, we conclude that the judgment of the district court with respect to plaintiff’s claim against Sgt.

Farese v. Scherer

342 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Aug 19, 2003

To establish 6 Because we vacate and remand the dismissal of Farese’s RICO case, we do not reach the following arguments raised by Farese: (1) that defaults, which had been entered against several RICO … “Rule 38 sanctions have been imposed against appellants who raise ‘clearly frivolous claims’ in the face of established law and clear facts.” Misabec Mercantile, Inc. De Panama v.

Douglas C. Kilpatrick v. Breg, Inc.

613 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Aug 12, 2010

Poehling was qualified to testify as an expert – testimony that would have been helpful to the jury. … He clearly testified that he could not explain why potentially unknown, or idiopathic alternative causes were not ruled out. Dr.

Tabitha A. Jones v. Marilyn T. Stone

516 F. App'x 866 · Court of Appeals for the Eleventh Circuit · Apr 16, 2013

Jones’ constitutional rights, that they were due qualified immunity, and that the City was not liable for their conduct. … as we suggested it should for federal qualified immunity.

Eric Watkins v. Broward Sheriff Office

Court of Appeals for the Eleventh Circuit · Aug 26, 2020

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate. Id.

Johnnie Mae Cole v. Farm Fresh Poultry, Inc.

824 F.2d 923 · Court of Appeals for the Eleventh Circuit · Aug 19, 1987

The second is that oral advice cannot qualify as an agency’s written interpretation. E.g., Soler, 615 F.Supp. at 747 ; Pilkenton v. … We hold that in order to qualify for the good-faith defense of section 259 the statute’s requirement that the agency interpretation be in writing must be obeyed.

United States v. Albert Turner, in Re Howard Moore, Jr.

812 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Mar 30, 1987

I am saying that this testimony, if it is offered to show that — on the subject of whether he voted or not, his grand jury testimony is inconsistent with his testimony here, it doesn’t establish that, in my view, and I don … He was on the list of qualified voters as of September 4, 1984. If he had not been on the list of qualified voters, Auburtin would never have sent him an absentee ballot.

Kruse Ex Rel. Jordan v. Williams

592 F. App'x 848 · Court of Appeals for the Eleventh Circuit · Dec 4, 2014

Qualified Immunity Under the doctrine of qualified immunity, a government official acting within her discretionary authority is immune from civil lawsuits unless her conduct violates a statutory or constitutional … right that was clearly established at the time the alleged violation occurred.

Underwriters at Lloyds Subscribing to Cover Note B0753PC1308275000 v. Expeditors Korea Ltd.

882 F.3d 1033 · Court of Appeals for the Eleventh Circuit · Feb 16, 2018

After the exclusion, the fourth paragraph establishes two exceptions to the exclusion. … You think they . . . could have said it more clearly.” Tr. of Oral Argument at 21, El Al Israel Airlines, Ltd. v. Tseng, 525 U.S. 155 (1999) (No. 97-475), 1998 WL 801059, at *21 (Scalia, J.)

Leon W. Bradley v. Ana Franklin

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

The defendants’ qualified immunity defense may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … Qualified immunity is designed to protect officials engaged in their discretionary duties when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Dean Kilgore v. Secretary, FL DOC

Court of Appeals for the Eleventh Circuit · Nov 16, 2015

The “clearly established Federal law” requirement is one of those limits. … Justice O’Connor noted in Williams that “whatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly established Federal law, as determined by the Supreme Court of the United States’ under

Martin E. Grossman v. James McDonough

466 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Oct 16, 2006

Because Crawford was decided in 2004, nearly sixteen years after the Supreme Court of Florida issued its opinion on the severance issue in 1988, it does not qualify as clearly established federal law that we may consider … The Supreme Court of Florida did not unreasonably apply clearly established federal law in finding the performance was not ineffective.