Case law

Donovan Hall v. Sergeant Dan McGhee

Court of Appeals for the Eleventh Circuit · Mar 6, 2019

To overcome qualified immunity, the plaintiff(s) must “show the officer's conduct violated a constitutional right,” and that right “was clearly established” at the time of the alleged conduct. Saucier v. … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id.

Lisa Veronica Varnadore v. Brandon Merritt

Court of Appeals for the Eleventh Circuit · Jul 30, 2019

He also argued he was entitled to qualified immunity because case law had not clearly established that the force he used under the circumstances was unlawful. … Qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Wright Ex Rel. Wright v. Hanna Steel Corp.

270 F.3d 1336 · Court of Appeals for the Eleventh Circuit · Oct 25, 2001

Wright clearly stated in his complaint, however, that he was seeking separate penalties with respect to each family member.7 Accordingly, Hanna Steel could have contested the power of the district court to award separate … Black’s Law Dictionary, 999 (6th ed. 1990). 9 “The term ‘plan sponsor’ means . . . the employer in the case of an employee benefit plan established or maintained by a single employer . . . .” 29 U.S.C

FL Assoc. of Rehab. Fac. v. State of FL Dept. of H

Court of Appeals for the Eleventh Circuit · Sep 1, 2000

Relief for these injuries is clearly prospective in nature.” Id. at 1147. Rye does not help the Plaintiffs in this case. … the receipt of funds on a waiver of immunity.

FL Assoc. of Rehab. Fac. v. State of FL Dept. of H

Court of Appeals for the Eleventh Circuit · Sep 1, 2000

Relief for these injuries is clearly prospective in nature." Id. at 1147. Rye does not help the Plaintiffs in this case. … the receipt of funds on a waiver of immunity.

Pier 1 Cruise Experts, Corp. v. Revelex Corp.

929 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Jul 11, 2019

I think, in all fairness, there’s been an established contract in the scope of work, and we’re no longer contesting that the scope of work is not a contract. … Either (1) the court enforces the clause, thereby immunizing the beneficiary from liability on the contract, or (2) the court invalidates the entire contract, thereby … you guessed it, immunizing the beneficiary from liability

Aracelys C. Toro v. Secretary, U.S. Department of Homeland Security

707 F.3d 1224 · Court of Appeals for the Eleventh Circuit · Feb 4, 2013

The AAO found that “the language of section 1 of the CAA clearly indicates that the VAWA self-petitioner’s Cuban spouse must be admissible to the United States and adjusted as a lawful permanent resident.” … Yet Toro misreads Milian; the case simply holds that a qualifying relationship for purposes of section 1 may be established after the Cuban alien’s adjustment. 11

Ruth L. Robinson v. Shane Ash

Court of Appeals for the Eleventh Circuit · Feb 11, 2020

“In order 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.” McCullough v. … Only then would the burden shift to the plaintiff to demonstrate that the officer violated federal law that was “clearly established at the time of the incident.” Id.

United States v. Romo-Villalobos

674 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Mar 20, 2012

Romo-Villalobos had one criminal history point, which established a criminal history category of I. … He first relies on a law review citation in a non-precedential concurring-dissenting opinion in Frey, 708 So. 2d at 921 (Anstead, J., concurring in part and dissenting in part), which clearly does not establish binding Florida

Betty Wade v. Georgia Correctional Health, LLC

Court of Appeals for the Eleventh Circuit · Jul 10, 2024

established” to defeat qualified immunity. … For example, they will look to earlier cases to try to figure out whether a right was clearly established for purposes of qualified immunity.

Charles Larry Jones v. United States

304 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jun 18, 2002

. § 2255 motion in another § 2255 petition in a related case qualifies to equitably toll the statutory limitation period. … Because Jones has failed to establish that he qualifies for equitable tolling of the one-year limitation period, the district judge's denying Jones's § 2255 motion as untimely in this appeal is AFFIRMED.18 18

Brooks v. Blue Cross/Blue Shield

110 F.3d 796 · Court of Appeals for the Eleventh Circuit · Mar 11, 1997

354, 111 S.Ct. 2773, 2778, 115 L.Ed.2d 321 (1991) (where Congress provides no statute of limitations, federal courts are to borrow from the most closely analogous state law unless "a rule from elsewhere in federal law clearly … Hay, 1992 WL 206292, No. 92-AR-0212-M (N.D.Ala.1992) (sovereign immunity of fiscal intermediary established by binding precedent in this Circuit).

United States v. James Bernard Braddy

11 F.4th 1298 · Court of Appeals for the Eleventh Circuit · Aug 31, 2021

Jimenez had testified as a qualified expert witness between forty- five to fifty times. … Having reviewed the record, we conclude that the district court did not clearly err in its findings.

Timothy Russell Hoffman v. Signature Bank of Georgia

22 F.4th 1341 · Court of Appeals for the Eleventh Circuit · Jan 24, 2022

retirement plans or did not otherwise qualify as exempt. … No one contests that, just like a traditional IRA’s corpus, a Roth IRA’s corpus qualifies as a benefi- cial interest in a trust.

United States v. Lockley

632 F.3d 1238 · Court of Appeals for the Eleventh Circuit · Feb 11, 2011

See act”—meaning an act or omission—which clearly signals the commission of the offense instead of mere preparation. … As such, this form of robbery clearly presents a “serious potential risk of physical injury.” See United States v.

Bryan Alexander Blount v. Culliver

Court of Appeals for the Eleventh Circuit · Sep 5, 2023

. § 1983, on the grounds of qualified immunity. … If the defendants establish that they were acting within the scope of their discretionary authority, the burden shifts to the plain- tiff to demonstrate that qualified immunity is inappropriate.

Chris Horton and James E. Gardner v. Board of County Commissioners of Flagler County, Etc.

202 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Feb 1, 2000

See 28 U.S.C. § 1447 (d); In re Decorator Industries, Inc., 980 F.2d 1371, 1374 (11th Cir.1992) (cases remanded for lack of jurisdiction are immune from review even if the district court’s decision is clearly erroneous); … In the omitted footnote, the district court stated that it could not decide whether the Commissioners were entitled to legislative immunity because there were disputed factual issues.

United States v. Salman Mohammed Salman

378 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Jul 29, 2004

Critzer clearly indicates that the district court’s ruling in this case is inappropriate. 4 the trial court). … currently no authority within the Federal Rules of Criminal Procedure for granting a motion to 5 (1969) (stating that evidentiary questions concerning whether the defendant established

Estate of Shelfer v. Commissioner of Internal Revenue

86 F.3d 1045 · Court of Appeals for the Eleventh Circuit · Jul 1, 1996

(ii) Qualifying income interest for life. … Under those circumstances, Congressional goals will be served because the stub income will clearly be taxable and the couple will be considered one economic unit.

Hannibal Buress v. Elio Villegas

Court of Appeals for the Eleventh Circuit · Jun 15, 2022

As to Villegas, he alleged fail- ure to intervene, and Villegas moved to dismiss based on qualified immunity. … “Under the doctrine of qualified immunity, government of- ficials acting within their discretionary authority are immune from suit unless the official’s conduct violates clearly established federal statutory or constitutional