Case law

Wade Steven Gardner v. William Mutz

962 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Jun 22, 2020

immunity. … Any attempt to establish taxpayer standing, therefore, is unavailing. In their brief to us, the plaintiffs separately (but relatedly?)

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.

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.

Elvan Moore v. Anthony Eger

Court of Appeals for the Eleventh Circuit · Aug 30, 2018

Having determined the officers violated Moore’s constitutional rights, we next consider whether those rights were clearly established. … Skop, 485 F.3d at 1143 (holding that binding precedent clearly established an arrest made without arguable probable cause violates the Fourth Amendment).

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.

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.

Jimmy Davis v. City of Atlanta, Georgia

582 F. App'x 860 · Court of Appeals for the Eleventh Circuit · Nov 18, 2014

Wolford is entitled to qualified immunity from suit if he had “arguable probable cause” for the arrest. See Crosby v. Monroe County, 394 F.3d 1328, 1332 (11th Cir. 2004). … Additionally, the district court correctly determined that Officer Wolford is entitled to qualified immunity on Davis’s excessive force claim.

Marina Cooper-Houston v. Southern Railway Company

37 F.3d 603 · Court of Appeals for the Eleventh Circuit · Nov 3, 1994

To present a circumstantial case of discrimination, a plaintiff must first establish a prima facie case. … Cooper-Houston made this showing by setting forth evidence that she is black, that she was qualified for her job, that she was terminated and that she was replaced by a white person. 4 See St. Mary’s Honor Center v.

Keelan Swint v. City of Carrolton, Georgia

Court of Appeals for the Eleventh Circuit · Jun 2, 2021

As for the officials, qualified immunity protects them “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … The officials are entitled to qualified immunity.

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.

Kevin Spencer v. United States

773 F.3d 1132 · Court of Appeals for the Eleventh Circuit · Nov 14, 2014

Although district courts do not presume that the advisory guideline range is reasonable, see Gall, 552 U.S. at 50, they certainly know that within-guidelines sentences are effectively immune from reversal on appeal—think … As a result, it cannot qualify as a predicate offense under the career-offender guideline.

United States Trustee Region 21 v. Bast Amron LLP

71 F.4th 1341 · Court of Appeals for the Eleventh Circuit · Jun 23, 2023

We held that the 2017 Amendment properly applied to a case that was pending and confirmed prior to the Act’s enactment because Congress clearly expressed its intent to this ef- fect. … Trustee at oral argument affirmatively disavowed any sovereign immunity bar.

United States v. Gunby

112 F.3d 1493 · Court of Appeals for the Eleventh Circuit · May 22, 1997

According to the documents establishing the qualified account, employees of the magistrate court could participate in the plan after one year of employment, but vesting would not occur until after five years of employment … The court reviewed the 1983 legislation described above, and concluded that it clearly and unambiguously proscribed the collection of fees by judges such as Gunby.

United States v. Lewis R. Goodman, John E. Lawson

850 F.2d 1473 · Court of Appeals for the Eleventh Circuit · Aug 1, 1988

The trial court may not exclude relevant evidence which is crucial to the establishment of a valid defense. … Appellant Goodman’s final assignment of error concerns the immunity grants made to a number of the government’s witnesses.

United States v. Pedro Pablo Mesa, A.K.A. Tito, A.K.A. Pablo Mesa

247 F.3d 1165 · Court of Appeals for the Eleventh Circuit · Apr 23, 2001

The district court’s findings of fact are not clearly erroneous. … Alred, 144 F.3d 1405 (11th Cir.1998), to establish that he was not an organizer/leader in this offense.

Securities and Exchange Commission v. Ibrahim Almagarby

92 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Feb 14, 2024

Gins- burg, 362 F.3d at 1305 (“Promising to stop doing wrong while deny- ing any wrongdoing is the wrong way to establish that wrongdoing will not reoccur.”); SEC v. … But those letters may reflect only Almagarby’s desire to immunize himself from liability, as much as any desire to follow the law. Cf. James J.

Knight v. State of Georgia

992 F.2d 1541 · Court of Appeals for the Eleventh Circuit · Jun 14, 1993

On January 27, 1991, the district court denied the motion, finding that the Georgia law constitutes a "subterfuge to evade the purposes of [the ADEA]" and therefore does not qualify for the § 4(j) exemption. … before an employer was subject to the ADEA are held per se not to be subterfuges, Betts, 492 U.S. at 168 , 109 S.Ct. at 2861 ; United Air Lines, 434 U.S. at 203-04 , 98 S.Ct. at 450-51 , the age 55 retirement requirement is immune

Diyonne McGraw v. Khanh-Lien Roberts Banko

Court of Appeals for the Eleventh Circuit · Oct 26, 2023

As for McGraw’s only remaining claim for damages, the Gov- ernor argues that he is protected by qualified immunity because his actions did not violate clearly established law. We agree. … McGraw cannot prove the existence of a clearly established substantive due process right on which she may base her claim.

Harduvel v. General Dynamics Corporation

878 F.2d 1311 · Court of Appeals for the Eleventh Circuit · Jul 31, 1989

Both parties therefore relied on witnesses who qualified as experts. … Without the defense, the government's own tort immunity for its discretionary functions would be undermined.

United States v. Keen

676 F.3d 981 · Court of Appeals for the Eleventh Circuit · Apr 5, 2012

Instead, we conclude that to qualify as an agent of an entity, an individual need only be authorized to act on behalf of that entity. … Clearly, measures to police the integrity of entities receiving federal funds fall under the scope of this power.