Case law

David Bryan Crespo v. State of Georgia

Court of Appeals for the Eleventh Circuit · May 3, 2022

Because each of these claims are precluded by the defendants’ absolute or qualified immunity, and because there was sufficient probable cause to initiate criminal process against Crespo, we affirm. … So they are each en- titled to qualified immunity unless Crespo shows that (1) they vio- lated a federal statutory or constitutional right, and (2) the unlaw- fulness of their conduct was clearly established at the time of

Eric Mitchell v. Gail Loput

Court 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

46 Fair empl.prac.cas. 1542, 46 Empl. Prac. Dec. P 37,898 Charles R. Barber v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, District Lodge 57

841 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.

Land v. Allen

573 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.

United 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.”

Chad Haggard v. Tony Dorsett

Court of Appeals for the Eleventh Circuit · Dec 20, 2022

An officer is entitled to qualified immunity for making an arrest if, based on the totality of the circumstances, the officer had arguable probable cause to effectuate the arrest. Davis v. … Here, the magistrate judge did not err by determining that Officer Dorsett was protected by qualified immunity because he had at least arguable probable cause to support Haggard’s arrest.

Pilkington v. United Airlines

112 F.3d 1532 · Court of Appeals for the Eleventh Circuit · May 22, 1997

In anticipation of this strike, United recruited "fleet qualified" pilots, i.e., pilots already experienced and qualified to operate the aircraft then in United's fleet. … These letters, contained in the record, clearly establish that by the period of July 1987 to December 1987, the fleet qualified pilots, including the plaintiffs, had knowledge of their injuries and knew that the injuries

Javier 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.

Mary Ann Newmann v. United States

938 F.2d 1258 · Court of Appeals for the Eleventh Circuit · Aug 14, 1991

Scialli, clearly and repeatedly testified that Dr. … Lawrence breached the standard of care were not clearly erroneous. B. Foreseeability.

Jellibeans, Incorporated, a Georgia Corporation, Cross-Appellant v. Skating Clubs of Georgia, Inc., a Georgia Corporation, Cross-Appellee

716 F.2d 833 · Court of Appeals for the Eleventh Circuit · Oct 3, 1983

Therefore, we accept the district court’s findings as not clearly erroneous. These facts establish that Jellibeans used its mark in interstate commerce sufficiently to invoke the .court’s jurisdiction. … In both of those cases, the court specifically qualified its insufficiency finding to the facts of the case.

Jimenez v. United States

158 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Oct 30, 1998

DISCUSSION In general, the FTCA waives the sovereign immunity of the United States for negligent injury to persons or property. … United States, 728 F.2d 736 (5th Cir. 1984), but that case is clearly distinguishable.

United States v. Dodge

597 F.3d 1347 · Court of Appeals for the Eleventh Circuit · Mar 5, 2010

. §§ 16901-16962 , establishes a national sex offender registry law, the purpose of which is “to protect the public from sex offenders and offenders against children.” Id. § 16901. … The catchall “specified offense against a minor” category clearly includes conduct like Dodge’s. III.

United States v. James R. Monaco and Eugene O. Hicks

702 F.2d 860 · Court of Appeals for the Eleventh Circuit · Apr 6, 1983

The district court rejected this interpretation of the scope of the use immunity, concluding that the government would not be able to use immunized second trial testimony to prove perjury in the first trial. … That implicit James finding would not be clearly erroneous, as our discussion below demonstrates. 31 .

Donna Jones v. Greg Ward

Court of Appeals for the Eleventh Circuit · Mar 25, 2013

Jones admits that Ward was acting within the scope of his discretionary authority, so Jones must now show that Ward violated one of her clearly established rights. See Lewis v. … Therefore, the allegations in Jones’s complaint cannot establish a claim for malicious prosecution, and the district court was correct to grant Ward qualified immunity from suit.

Charles Gray v. Moses Ector

541 F. App'x 920 · Court of Appeals for the Eleventh Circuit · Sep 18, 2013

Sampson, 518 F.3d 870, 874 (11th Cir. 2008) (“[I]ssues not briefed on appeal by a pro se litigant are deemed abandoned.”). 5 Under Georgia law, “official immunity” and “qualified immunity” are used interchangeably … App. 2003) (“The doctrine of official immunity, also known as qualified immunity . . .”) (citation omitted). The parties and the district court have also used both terms.

Viola 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.

Abella v. Simon Ex Rel. Miami Lakes Councilwoman

522 F. App'x 872 · Court of Appeals for the Eleventh Circuit · Jul 5, 2013

immunity. … The district court did not err by denying the officers’ motion to dismiss based on qualified immunity.

In Re Chase & Sanborn Corp.

835 F.2d 1341 · Court of Appeals for the Eleventh Circuit · Jan 19, 1988

from United States jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. … FOREIGN SOVEREIGN IMMUNITIES ACT 23 The United States follows the "restrictive" theory of sovereign immunity.

Pen American Center, Inc. v. Escambia County School Board

Court of Appeals for the Eleventh Circuit · Jul 15, 2025

This responsibility included the mandate that the “school board must adopt a policy regarding an objection by a parent or a resident of the county to the use of a specific material, which clearly describe … We held that participation as an amicus “[did] not qualify as participation for nonparty appellate standing.” Id. at 1319.

Alvarado v. U.S. Attorney General

610 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Jul 8, 2010

The Government is correct that the statute clearly requires an alien to prove that he or she is qualified for voluntary departure. See 8 U.S.C. § 1229c(b)(1)(A)-(D). … But, requiring an alien to prove that he or she is qualified for voluntary departure speaks to what an alien must prove to be eligible, not when it must be proved.