Case law

Melanie Ortiz v. City of Miami

Court of Appeals for the Eleventh Circuit · May 15, 2023

While Ortiz urges reversal of the district court’s order, she makes no arguments relating to qualified immunity in her initial briefing and makes a short nonsensical ar- gument on qualified immunity … As such, we consider the qualified immunity issue abandoned. See Tanner Ad- vert., 451 F.3d at 785; Sapuppo v. Allstate Floridian Ins.

Hillsborough County v. Star Insurance Company

Court of Appeals for the Eleventh Circuit · Feb 3, 2017

cap established by § 768.28(5) and the $350,000 SIRL. … First, the words “insurance coverage” in § 768.28(5) indicate that one must look to the terms of the policy to determine what is covered, and here the policy clearly requires that Star consent to any settlement that would

Ben Jones, John Issac Harvey Echols Jim Thornton Sherman Jones Henry Washington, Plaintiffs-Intervenors v. Firestone Tire and Rubber Company, Inc., Ben Jones, John Issac Harvey Echols Jim Thornton Sherman Jones Henry Washington, Plaintiffs-Intervenors v. Firestone Tire and Rubber Company, Inc.

977 F.2d 527 · Court of Appeals for the Eleventh Circuit · Dec 29, 1992

This finding was not clearly erroneous. 63 On the retaliation charge the court stated: "Mr. … The trial court found that Jones failed to establish such a causal connection. This finding was not clearly erroneous.

Meyer v. Sullivan

958 F.2d 1029 · Court of Appeals for the Eleventh Circuit · Apr 8, 1992

The EAJA therefore establishes a two-step analysis for determining the appropriate hourly rate to be applied in calculating attorney’s fees under the Act. … A disabled person who qualifies under the terms of section 223 of the SSA, 42 U.S.C. § 423 , is entitled to receive monthly benefits during the period of his or her disability.

United States v. McPhee

336 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Jul 8, 2003

First, he says that the district court clearly erred in finding the coordinates plotted by Lieutenant Thomas F. … “‘Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.’” Solomon v.

Geoffrey Asher v. Mark McClure

424 F. App'x 818 · Court of Appeals for the Eleventh Circuit · Apr 20, 2011

to qualified immunity as to their search of Asher’s pick-up truck following his arrest, and also that Defendant Nix was entitled to qualified immunity as to his application for a search warrant. … rights and, if so, whether those rights were clearly established at the time of the violation.

William C. TURNER, Et Al., Plaintiffs, v. Verne ORR, Secretary of the Air Force, Et Al., Defendants-Appellees, Jack Bess, Claimant-Appellant

804 F.2d 1223 · Court of Appeals for the Eleventh Circuit · Nov 25, 1986

The report then details the complicated calculations which were said to justify Bess’ not qualifying for this certificate. … Our ruling is consistent with established precedent in Title VII cases. It is well established that “the scope of the EEOC complaint should not be strictly interpreted.” Sanchez v.

Sandra Hines v. Felicia Jefferson

Court of Appeals for the Eleventh Circuit · Nov 18, 2019

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … To be clear, “[u]nder this test, the law is clearly established, and qualified immunity can be overcome, only if the standards set forth in Graham and our own case law ‘inevitably lead every reasonable officer in [the defendant

Juan Romagoza Arce v. Jose Guillermo Garcia

434 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Feb 28, 2005

Express Corp., 372 F.3d 1233, 1242 (11th Cir. 2004) (“[T]he plaintiffs must establish that tolling is warranted.”). … Nevertheless, the plaintiffs’ failure in this case to qualify for equitable tolling is not a death knell for future claimants.

Raiza Rojas v. Kathy Hendrix

Court of Appeals for the Eleventh Circuit · Sep 30, 2024

The District Court dismissed Rojas’s complaint on the basis of qualified immunity, finding that Rojas did not show that she had a clearly established right to an evidentiary hearing on her state petition … Hendrix moved to dismiss the suit, and the District Court found that Rojas’s claim is barred by qualified immunity because she did not show that the right at issue was clearly established at 1 The record

Ocmulgee Fields, Inc. v. Comm. of Internal Revenue

Court of Appeals for the Eleventh Circuit · Aug 13, 2010

that the tax court clearly erred. … Ocmulgee Fields’ next argues that it had legitimate business purposes for the exchange, but this argument also fails to establish clear error.

Zaben v. Air Products & Chemicals, Inc.

129 F.3d 1453 · Court of Appeals for the Eleventh Circuit · Dec 3, 1997

And if you looked at past experience, clearly, Mr. Zaben had it all over Mr. Parker. A: Not on social and leadership skills. (Gebbia Dep. at 35-36). … These ambiguous responses clearly do not establish that Gebbia looked only at Parker's "future" with the company in deciding to select Zaben for termination.

Yvelan Pierre v. D. Padgett

Court of Appeals for the Eleventh Circuit · Apr 3, 2020

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … Accordingly, qualified immunity applied.

Thomas Bruce Henley v. Todd Payne

Court of Appeals for the Eleventh Circuit · Aug 25, 2022

But it ruled that Deputy Payne was nevertheless entitled to qualified immunity because no Supreme Court or Eleventh Circuit precedent clearly established that his actions in February of 2016, when he made the arrest, were … Henley contends that the district court erred in conducting the “clearly established” analysis for purposes of quali- fied immunity.

Moore v. Campbell

344 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Sep 15, 2003

Only rules that are “firmly established and regularly followed” qualify as adequate state grounds for precluding substantive review of federal claims. Ford v. Georgia, 111 S.Ct. 850, 857 (1991); Cochran v. … “Clearly established federal law is not the case law of the lower federal courts, including this Court.” Id. at 1241.

Ebonie Batson v. The Salvation Army

897 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Jul 31, 2018

He testified in his deposition that she was qualified and that he perceived her to be “bright” and “capable of what she was doing.” Id. at 17. … 12  Case: 16-11788 Date Filed: 07/31/2018 Page: 13 of 26 was a qualified individual, and (3) was subjected to unlawful discrimination because of her disability.

Vincent Angiolillo v. Collier Couinty, Kevin Rambosk

Court of Appeals for the Eleventh Circuit · Aug 25, 2010

Summary Judgment in Favor of Defendants Bates, Celiberti, Hurley The district court granted summary judgment to Defendants Bates, Celiberti, and Hurley, concluding that Defendants were entitled to qualified immunity … However, to receive qualified immunity from a false-arrest claim, an officer need not have actual probable cause but only “arguable” probable cause. Id.

Donnett M. Taffe v. Gerald E. Wengert

Court of Appeals for the Eleventh Circuit · May 17, 2019

Qualified Immunity Qualified immunity shields government officials sued in their individual capacities from liability when they act within their discretionary authority and when their conduct “does not violate clearly … The burden then shifts to the plaintiff to establish both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established at the time of the misconduct. Id.

United States v. Perl

492 F. App'x 37 · Court of Appeals for the Eleventh Circuit · Oct 11, 2012

This tape would have established only that the script was not used in one of the very many calls Creative Concepts’ employees received and made. … Appellants argue that these writings were not sufficiently contemporaneous with the phone calls with the references to qualify as present sense impressions.

Sylvia Vaughn v. City Of Athens

176 F. App'x 974 · Court of Appeals for the Eleventh Circuit · Apr 20, 2006

Katz, 121 S.Ct. 2151, 2156 (2001) (stating that “threshold inquiry” in qualified immunity analysis is whether Plaintiff’s allegations, if true, establish constitutional violation, and that, if no constitutional violation … exists, one need not inquire further into qualified immunity).