Case law

United States v. Thomas Patrick Keelan

786 F.3d 865 · Court of Appeals for the Eleventh Circuit · May 13, 2015

Ct. 377, 381 (2004). 6 Florida Statute 800.04 qualifies as a “crime of violence” within the meaning of U.S.S.G. § 4B1.2. … We cannot conclude the district court clearly erred in finding Keelan proximately caused J.S.’s mental health treatment expenses. IV.

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209 · Court of Appeals for the Eleventh Circuit · Feb 27, 1996

Alabama A & M Univ., 28 F.3d 1146 , 1148-52 (11th Cir.1994) (en banc) (looking to Alabama law in holding that state university officials were entitled to qualified immunity in wrongful discharge case because it was not clearly … However, no comparable statutory provision governs wrecker rotation systems established by Florida county sheriffs.

Antonio Love v. Lieutenant Kevin Rodgers

478 F. App'x 652 · Court of Appeals for the Eleventh Circuit · Jun 20, 2012

As for his false arrest claim, Love argues that there is a genuine issue of fact regarding whether Rodgers had arguable probable cause to arrest him, and thus whether he was entitled to qualified immunity. … The district court did not err in concluding that, on this record, Cotner and Rodgers were entitled to qualified immunity. We therefore affirm its grant of summary judgment.

Orlando Bethel v. Town of Loxley

221 F. App'x 812 · Court of Appeals for the Eleventh Circuit · Dec 26, 2006

Because the Bethels’ First or Fourth Amendment rights were not infringed, we need not address whether (1) the individual defendants are entitled to qualified immunity, (2) Magistrate Hicks is entitled to judicial immunity … Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 2156, 150 L.Ed.2d 272 (2001) (qualified immunity); Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 1941, 114 L.Ed.2d 547 (1991) (judicial immunity); Monell v.

National Bancard Corporation (Nabanco), a Florida Corporation v. Visa U.S.A., Inc.

779 F.2d 592 · Court of Appeals for the Eleventh Circuit · Jan 10, 1986

The fees for these licenses were set by ASCAP and BMI and clearly qualified as price fixing in a strict sense. BMI, 441 U.S. at 8 , 99 S.Ct. at 1556 , 60 L.Ed.2d at 9 . … Finley & Co., 676 F.2d 1291 , 1299 (9th Cir.1982) (market findings not disturbed unless clearly erroneous).

United States v. Lall

607 F.3d 1277 · Court of Appeals for the Eleventh Circuit · May 28, 2010

The burden is on the prosecution to establish, by a preponderance of the evidence, that a challenged confession was voluntary. Lego v. … Attorney argued that “[w]hat did or did not happen on the second day is not an issue here” suggests clearly that the second confession was not going to be offered at trial.

Armstrong v. Dugger

833 F.2d 1430 · Court of Appeals for the Eleventh Circuit · Jan 14, 1988

The demonstrated availability of undiscovered mitigating evidence clearly met the prejudice requirement. See Strickland, 466 U.S. at 696 , 104 S.Ct. at 2069 . III. … Armstrong argues that although the jury was informed of Shaw's immunity with respect to a related crime, she was still subject to perjury charges.

Brinson v. Raytheon Co.

571 F.3d 1348 · Court of Appeals for the Eleventh Circuit · Jun 24, 2009

JPATS was established to develop a unified system to train flight personnel from all branches of the military. … “Where the government merely approves imprecise or general guidelines, the contractor retains the discretion over the important design decision and enjoys no immunity against liability based on the Boyle defense.”

In re: Marckson Saint Fleur

824 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Jun 8, 2016

granted only if this Court certifies that the second or successive motion contains a claim involving: (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish … This is because Saint Fleur’s companion conviction for Hobbs Act robbery, which was charged in the same indictment as the § 924(c) count, clearly qualifies as a “crime of violence” under the use-bf-force clause in § 924(c

Koch Foods, Inc. v. Secretary, U.S. Dept. of Labor for Occupational Safety and Health

712 F.3d 476 · Court of Appeals for the Eleventh Circuit · Mar 11, 2013

When determining whether to defer to an agency’s interpretation of a statute it implements, the court follows the established Chevron framework. … As the Supreme Court has observed, “it will not be inferred that Congress, in revising and consolidating the laws, intended to change their effect unless such intention is clearly expressed.’” Finley v.

United States v. Isaac Feldman

931 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jul 30, 2019

The factual findings supporting the reasoning of the district court are not clearly erroneous. As we have already explained, the district court did not clearly err when it found that Feldman had perjured himself. … Nor did it clearly err when it found that Feldman was not remorseful.

Southern Christian Leadership Conference v. Sessions

56 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Jun 14, 1995

The 1865 Constitution required that “judges of the circuit and probate courts, and of such other inferior courts as may be by law established, shall be elected by the qualified electors of the respective counties, cities, … or districts for which such courts may be established.”

United States v. Guillermo Benitez-Zapata

131 F.3d 1444 · Court of Appeals for the Eleventh Circuit · Dec 24, 1997

In addition, the government agreed to consider whether Defendant’s past and future assistance qualified as substantial assistance and, if appropriate, to file a motion for reduction of Defendant’s sentence. … Thus, it was made *1447 as a closing remark — well after it had been already established at the plea hearing that Defendant had waived his right to appeal.

Fresnius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.

Court of Appeals for the Eleventh Circuit · Jan 10, 2013

(2000). 4  Case: 11-14192 Date Filed: 01/10/2013 Page: 5 of 23 Most ESRD patients in Florida are covered by Medicare or Medicaid, 1 and most qualify … The Court reasoned: “The fact that the burden of a state regulation falls on some interstate companies does not, by itself, establish a claim of discrimination against interstate commerce.” Id. at 126, 98 S.

Amber Jernigan v. City of Montgomery, Alabama

Court of Appeals for the Eleventh Circuit · Apr 10, 2020

Officer Browning enjoys qualified immunity for his discretionary acts so long as his “conduct [did not] violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Like the officers in Post and Washington, Officer Browning was entitled to qualified immunity.

H.K. Porter Company, Inc. v. Metropolitan Dade County, John Dyer, Individually and as Contracting Officer for Metropolitan Dade County

825 F.2d 324 · Court of Appeals for the Eleventh Circuit · Aug 24, 1987

Both the circular and the order encouraged all grant recipients to establish percentage goals for MBE participation. … As indicated, MDC in implementing the MBE provisions of contract Y-621, was relying on Congress’ legislative findings which clearly established that minorities were not participating in government contracts.

Robert Dale Harris v. Michael D. Chapman

Court of Appeals for the Eleventh Circuit · Apr 19, 2021

Thus, the burden shifts to Harris to show that, taking the facts in the light most favorable to him, (1) Wingo and Chapman violated his constitutional right, and (2) this right was clearly established at the time of the … Because the deputies lacked arguable probable cause to arrest Harris on either count, we easily determine that the arrest violated Harris’s clearly established Fourth Amendment rights. See Skop v.

Comparelli v. Republica Bolivariana De Venez., , S.A., an Agency or Instrumentality of the Bolivarian Republic of Venez., Int'l Petrochemical Sales, Ltd.

891 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Jun 8, 2018

Under the FSIA, “a foreign state is immune from the jurisdiction of the United States unless an FSIA statutory exemption is applicable.” Calzadilla v. … Macro Cellular Partners, 412 F.3d 1247, 1249 (11th Cir. 2005) (“This Court reviews the district court’s findings regarding domicile under a clearly erroneous standard.”).

United States v. Evans H. Starke, Jr.

62 F.3d 1374 · Court of Appeals for the Eleventh Circuit · Sep 7, 1995

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3040 , 97 L.Ed.2d 523 (1987) (holding that to determine whether an officer had qualified immunity in a warrantless search case, the court applies an objective test in which the … court determines whether a reasonable officer could have believed the war-rantless search to be lawful in light of clearly established law and the information the searching officer possessed).

Catherine Regina Harper v. Professional Probation Services Inc.

976 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Sep 25, 2020

appeal followed.4 II Section 1983 provides a cause of action against any person who, “under color of” state law, deprives another of her “rights, privileges, or immunities … A “policy or custom” may be established, among other things, by a “pattern of similar constitutional violations.” Connick v. Thompson, 563 U.S. 51, 62 (2011).