Case law
Opinions from 1658 to today.
9,466 results
1.15s
Francisco Elario Martinez v. Nurse Wallace
459 F. App'x 849 · Court of Appeals for the Eleventh Circuit · Mar 1, 2012
immunity. … Galloway, 352 F.3d 1346, 1350 n.10 (11th Cir. 2003) (stating that defendants had no need for a qualified immunity defense when plaintiff’s deliberate indifference claim failed).
Cited 27 timesUnpublishedCourt of Appeals for the Eleventh Circuit · May 10, 2018
the alleged acts violated that law” under the “core qualified immunity analysis.” … When improper motive is part of the underlying constitutional tort -- and where evidence exists of mixed motives -- a defendant is still entitled to qualified immunity if “the record indisputably establishes that the defendant
Cited 0 timesUnpublishedKenneth Eggleston v. Ed Bieluch
203 F. App'x 257 · Court of Appeals for the Eleventh Circuit · Oct 3, 2006
He also moved to dismiss the claims against him in his individual capacity on qualified immunity grounds. … 12 rights,” Bieluch was entitled to qualified immunity on that claim.
Cited 10 timesUnpublished841 F.2d 1533 · Court of Appeals for the Eleventh Circuit · Jul 12, 1988
This evidence was not in and of itself sufficient to infer that MARTA was engaging in discriminatory practices throughout its entire operation and/or with respect to black applicants who clearly were not qualified. 9 III. … We conclude that these plaintiffs at a minimum established a prima facie case of discrimination.
Cited 0 timesPublishedSusan Ward v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit · Jun 2, 2010
would qualify him under the CSPA’s retroactivity provision. … The Wards argue that the CSPA altered this established framework by allowing a derivative child to retain his or her following-to-join status when a principal parent dies.
Cited 0 timesPublishedUnited States v. Dallas County Commission
904 F.2d 26 · Court of Appeals for the Eleventh Circuit · May 24, 1990
In early March 1990, several individuals, contending that elections for the office of county commission should be held in November of 1990, sought to qualify as candidates in the primary election. … We clearly had authority to order such a remedy to redress violations of the Voting Rights Act. See Reynolds v. Sims, 377 U.S. 533, 585 , 84 S.Ct. 1362, 1393 , 12 L.Ed.2d 506 (1964); Edge v.
Cited 1 timesPublishedJavier Mauricio Martinez Ruiz v. U.S. Atty. Gen.
479 F.3d 762 · Court of Appeals for the Eleventh Circuit · Dec 21, 2006
Being held against one’s will for such an extended time is clearly persecution, and respondent submits no authority holding otherwise. … Counsel for respondent concedes that if kidnapping qualifies as persecution, Ruiz is entitled to relief. We have no difficulty in concluding that kidnapping certainly amounts to persecution.
Cited 1 timesPublished79 F.3d 1065 · Court of Appeals for the Eleventh Circuit · Apr 9, 1996
The government concedes that the plea agreement expressly affords San Pedro transactional immunity. … It is well established that the USAM only provides guidance to officials at the Department of Justice and does not have the force of law. U.S. v.
Cited 2 timesPublishedAnthony Wilson v. EMT Sean Flack
Court of Appeals for the Eleventh Circuit · Sep 27, 2022
established prong of the qualified immunity analysis has been satisfied. … Clearly Established Law Finally, and assuming Defendants recklessly disregarded a serious medical risk to Wilson that was evident and about which they were subjectively aware, the clearly established prong of the qualified
Cited 0 timesUnpublished833 F.2d 282 · Court of Appeals for the Eleventh Circuit · Dec 4, 1987
The Act’s “sweeping” waiver of the government’s immunity from suit is limited by several statutory and judicial exceptions. United States v. … The three Feres rationales clearly are not present in a suit by the child of a service person for the negligence of military medical staff.
Cited 20 timesPublished841 F.2d 1067 · Court of Appeals for the Eleventh Circuit · Apr 4, 1988
Those who are not fully qualified boilermakers--those in the union's helper-trainee program--are usually paid less. … The union also argues that the evidence at the second trial that was within the mandate's scope failed to establish the union's intent to discriminate.
Cited 0 timesPublishedUnited States v. Marengo County Commission
731 F.2d 1546 · Court of Appeals for the Eleventh Circuit · May 14, 1984
The parties stipulated that at the time of trial 16,000 persons were qualified to vote, of whom 44 percent were black. … elected by the qualified voters of such district.”
Cited 172 timesPublishedDamon v. Fleming Supermarkets of FL
196 F.3d 1354 · Court of Appeals for the Eleventh Circuit · Dec 3, 1999
Specifically, the district court found that Damon and Kanafani neither established that they were qualified for their positions under the McDonnell Douglas rubric nor proffered direct evidence of discrimination by Fleming … In this case, Fleming clearly offered legitimate, nondiscriminatory reasons for terminating Damon (poor performance), and Kanafani (yelling vulgarities in front of customers).
Cited 4 timesPublished573 F.3d 1211 · Court of Appeals for the Eleventh Circuit · Jul 10, 2009
As such, we find that a decision upholding this instruction, as given, is contrary to, or an unreasonable application of, clearly established Federal law. … We cannot say that the state court’s determination that Land was not prejudiced by his counsel’s sentencing strategy was an unreasonable application of clearly established Federal law.
Cited 38 timesPublished765 F.2d 1026 · Court of Appeals for the Eleventh Circuit · Jul 15, 1985
This is a question of fact subject to the “clearly erroneous” standard of review. Hein, 718 F.2d at 913 . … Even if such factors could qualify as “factors other than sex,” appellants do not explain what these superior qualities are.
Overruled on other grounds by McLaughlin v. Richland Shoe Co., 486 U.S. 128 (1988)Cited 61 timesPublishedMichael Donald Dodd v. United States
365 F.3d 1273 · Court of Appeals for the Eleventh Circuit · Apr 16, 2004
It would not be logical for Congress to have enacted a strict one-year time limitation and then qualified that time frame by reference to ambiguous events. … “The burden of establishing entitlement to this extraordinary remedy plainly rests with the petitioner.” Drew, 297 F.3d at 1286.
Cited 114 timesPublished688 F.2d 1357 · Court of Appeals for the Eleventh Circuit · Oct 12, 1982
Even if the contention were correct, it does not follow that child claimants here could qualify for SSI benefits. … Both adults and children under age 18 may establish eligibility through this form of proof. 31 The Secretary, and common knowledge, recognizes that a person may be disabled even though he cannot qualify under either the "
Cited 4 timesPublishedSteven Ivey v. Henry M. Paulson, Jr.
222 F. App'x 815 · Court of Appeals for the Eleventh Circuit · Jan 29, 2007
To establish a prima facie case of improper termination based on circumstantial evidence, a plaintiff must generally show that: (1) he was a member of a protected class; (2) he was qualified for the job; (3) he suffered … “Although Title VII’s prohibition of sex discrimination clearly includes sexual harassment, Title VII is not a federal ‘civility code.’” Mendoza v. Borden, Inc., 195 F.3d 1238, 1245 (11th Cir. 1999) (en banc).
Cited 10 timesUnpublished542 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Sep 17, 2008
“The focus of [this] inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable.” Bell v. Cone, 535 U.S. 685, 694, 122 S. Ct. 1843, 1850, 152 L. … Ct. at 1495 (“[W]hatever 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 § 2254(d)(1).”).
Cited 83 timesPublishedViola Bryant v. Christopher Newman
Court of Appeals for the Eleventh Circuit · Jan 24, 2018
“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is inappropriate when two things are true. First, the facts, viewed in the light most favorable to Bryant, must establish a constitutional violation. Id.
Cited 0 timesUnpublished
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