Case law

Alan A. Peightal v. Metropolitan Dade County, Metropolitan Fire Department of Dade County

26 F.3d 1545 · Court of Appeals for the Eleventh Circuit · Jul 29, 1994

Significantly, the goals in the instant case were reviewed before each hiring year, and a new goal established, based upon the extent of underrepresentation remaining, the probable number of qualified minority applicants, … For example, in the instant case, goals were established for each hiring year. Similarly, in Cone, hiring goals were established for each project. Id. at 917. 22 .

Quiet Technology DC-8, Inc., Quiet Technology, Inc. v. Hurel-Dubois UK LTD.

326 F.3d 1333 · Court of Appeals for the Eleventh Circuit · Apr 11, 2003

Yet our caselaw plainly establishes that one may be considered an expert but still offer unreliable testimony. … appointing an [independent] expert witness, it is not an abuse of discretion to refuse to make that appointment.”). 14 This is not to say that the denial of a request to appoint an independent expert is immune

James Edward Barber v. Governor of the State of Alabama

73 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Jul 19, 2023

protocol authorizes two methods to establish IV access: “[t]he standard procedure,” or “if the condemned inmate’s veins make obtaining venous access difficult or problematic, qualified medical personnel … Barber’s unrebutted expert testimony established that although nurses and EMTs might be qualified to set IV lines, whether they were qualified would depend on their individual training and experience, none

38 Fair empl.prac.cas. 713, 37 Empl. Prac. Dec. P 35,388 George A. Maddox, William D. Abad, Eric D. Shepherd, Individually and on Behalf of All Other Persons Similarly Situated v. W. Graham Claytor, Secretary of Navy, in His Official Capacity, His Agents, Employees, and Successors in Office

764 F.2d 1539 · Court of Appeals for the Eleventh Circuit · Jul 12, 1985

This finding is not clearly erroneous. Anderson, supra. … Instead, they challenge the district court's finding as clearly erroneous.

Uboh v. Reno

141 F.3d 1000 · Court of Appeals for the Eleventh Circuit · May 18, 1998

The defendants moved to dismiss the complaint on the grounds that the claims were time-barred, the federal defendants were entitled either to absolute or qualified immunity, and the allegations 2 Uboh initially … immunity.

Jorge Byron Alegria v. United States

945 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Oct 30, 1991

Additionally, the government suggests that it would be a violation of sovereign immunity to allow nonresident aliens to bring suit under § 7429 without the express consent of Congress. … Such a contention hardly qualifies as a rational basis. Indeed, it escapes this Court how the existence of an expedited hearing under § 7429 would encourage a nonresident alien to flee the country with his assets.

State of Florida v. Department of Health and Human Services

Court of Appeals for the Eleventh Circuit · Dec 6, 2021

Because such an injunction is an “extraordinary and drastic rem- edy,” we may not enter one “unless the movant clearly established the burden of persuasion as to each of the four prerequisites.” Siegel v. … Florida has failed to meet its extremely high burden and clearly establish its entitlement to a preliminary injunction pending appeal.

United States v. Mark Mason Alexander

782 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Apr 7, 2015

Our review establishes that no error occurred. Much of Babakhani’s proposed testimony was immaterial or cumulative. … “The court need not ... engage in an act of futility by authorizing depositions that clearly will be inadmissible at trial.” Drogoul, 1 F.3d at 1555 .

Reginald Eugene Grimes, Sr. v. Officer Richard Rott

Court of Appeals for the Eleventh Circuit · Sep 27, 2021

The district court granted the motion, finding that Grimes sustained de minimis injuries, and that the Appellee Officers were thus entitled to qualified immunity. … Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Daniel Kang v. The Mayor and Alderman of the City of Savannah

Court of Appeals for the Eleventh Circuit · Mar 10, 2025

immunity. … To prevail on a qualified immunity defense, the officers must establish that they were acting under their “discretionary au- thority.” Est. of Cummings v.

Richard Lee Brown v. Secretary, U.S. Department of Health and Human Services

4 F.4th 1220 · Court of Appeals for the Eleventh Circuit · Jul 14, 2021

Thus, it was clearly erroneous for the district court to find that Rondeau failed to establish irreparable injury. … Unlike the first prong of the preliminary injunction analysis, where the landlords were required to clearly establish a substantial likelihood of success, the irreparable injury prong only requires the landlords to clearly

Onishea v. Hopper

126 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Nov 4, 1997

The court made two significant findings of fact, neither of which the plaintiffs have challenged as clearly erroneous. … And the district court did not clearly err in so finding here.

Norman E. Rowell v. BellSouth Corporation

433 F.3d 794 · Court of Appeals for the Eleventh Circuit · Dec 20, 2005

Because the district court found that Rowell could not establish an adverse employment action, the court did not consider Rowell’s alternative argument that he could establish BellSouth’s legitimate nondiscriminatory reasons … Clearly, Rowell cannot show that Bell-South refused to consider relocating him.

Ruth Gilchrist, Cross-Appellee v. William Bolger, Postmaster General, United States Postal Service, Cross-Appellant

733 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Jun 11, 1984

The local postmaster instead chose a white male employee although he testified that Gilchrist was qualified. … Thus, we cannot conclude that the district court was clearly erroneous, see Canino v.

Gresham v. Windrush Partners, Ltd.

730 F.2d 1417 · Court of Appeals for the Eleventh Circuit · Apr 27, 1984

court found that plaintiffs showed a substantial likelihood of success on their claim that defendants had acted in a racially discriminatory manner in their operation of Windrush Apartments, but that plaintiffs failed to establish … Therefore, the district court’s finding is not clearly erroneous. . In Bonner v.

Kiersten Quick v. State Trooper Joseph Geddie

Court of Appeals for the Eleventh Circuit · Apr 11, 2019

The officers moved for summary judgment based on qualified immunity. … Quick also argues that clearly existing law established that her conduct did not constitute obstruction, but again we disagree.

Joel T. Howard v. Uniroyal, Inc.

719 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Nov 21, 1983

Initially we note that both parties acknowledge the well established principle that the touchstone of pre-emption analysis is Congressional intent, and accept the framework of pre-emption analysis set forth in Pennsylvania … DeKalb County, 433 U.S. 25 , 97 S.Ct. 2490 , 53 L.Ed.2d 557 (1977), as establishing that the federal government’s interest in this case is negligible.

Michael Hardy v. J. Walter Wood, Jr.

342 F. App'x 441 · Court of Appeals for the Eleventh Circuit · Jul 28, 2009

The moving party is entitled 5 Defendant Wood was entitled to qualified immunity on these claims because Hardy had not presented any evidence that Wood had violated Hardy’s … was no constitutional violation or that the constitutional right allegedly violated was not clearly established).

United States v. Carrell

252 F.3d 1193 · Court of Appeals for the Eleventh Circuit · May 29, 2001

Additionally, “hearsay testimony may be used to establish probable cause.” 900 Rio Vista Blvd., 803 F.2d at 629 n. 2. … From the perspectives of legislative intent as well as policy, we concluded that “[e]las-sifying post-illegal act transferees as innocent owners because they had no opportunity to consent creates a sweeping grant of immunity

Mayson v. Teague

749 F.2d 652 · Court of Appeals for the Eleventh Circuit · Dec 26, 1984

While immunity from tort actions need not be determinative of a question of federal statutory interpretation, these immunity opinions contain broader language which is relevant to the role played by local school board employees … In holding that the state school board is an agency “involved in the education and care of the child” because it is responsible for the education and care of all handicapped children, these cases clearly — and acceptably