Case law

Laquan Johnson v. Elaine Terry

119 F.4th 840 · Court of Appeals for the Eleventh Circuit · Oct 3, 2024

Layne, 526 U.S. 603, 609, 618 (1999) (implicitly assuming that a Bivens remedy was available for the plaintiff’s Fourth Amend- ment claim but holding that the officers were entitled to qualified immunity … Howards, 566 U.S. 658, 663 n.4 (2012) (same, except reversing the denial of summary judgment for the defendants on qualified immunity grounds); Ashcroft v.

Hakim v. Moore

Court of Appeals for the Eleventh Circuit · Aug 4, 2000

immunity Hakim’s claims against DOC officers in their individual capacities. … R. 36-1. 4 (9th Cir. 1995) (denying qualified immunity because requirement that prison comply with dual-name policy for mail was clearly established under Ninth Circuit

Baltimore Air Transport, Inc. vs Clovis Jackson

419 F. App'x 932 · Court of Appeals for the Eleventh Circuit · Mar 28, 2011

Martinez, 83 F.3d 371, 377 n.6 (11th Cir. 1996). 7 liability by the doctrine of qualified immunity. … immunity protects government officials performing discretionary functions if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Nikki Ballard v. Chattooga County Board of Tax Assessors

615 F. App'x 621 · Court of Appeals for the Eleventh Circuit · Jul 7, 2015

The adverb “clearly,” which derives from the federalism concerns we have discussed, is meant to be limiting. … As set forth both by the district court and the magistrate judge below, Georgia law clearly establishes the Board as a separate and independent entity.

Prakazrel Michel v. NYP Holdings, Inc.

816 F.3d 686 · Court of Appeals for the Eleventh Circuit · Mar 7, 2016

In sharp contrast, in Mann, the publisher included a disclaimer at the top of the article clearly labeling what followed as a statement of opinion. … Thus, reporting perspectives contrary to the publisher’s own should be interpreted as helping to rebut, not establish, the presence of actual malice.

Ronald W. Johnson v. Shaun M. White

Court of Appeals for the Eleventh Circuit · Feb 27, 2018

The defendants appeal the district court’s ruling as to the denial of qualified immunity. … The district court concluded that the defendants were not entitled to qualified immunity because Johnson’s account of the facts demonstrated that, as to excessive force, the officers violated clearly established law under

Haitian Refugee Center, Inc. v. Nelson

872 F.2d 1555 · Court of Appeals for the Eleventh Circuit · May 23, 1989

The program directs the Attorney General to adjust the status of any qualifying alien to that of an alien admitted for temporary residence. … The regulations clearly allow the presentation of witness testimony, see 8 C.F.R. Sec. 210.3(b)(3), (c).

Kimberly E. Bracey v. Elizabeth A. Jolley

562 F. App'x 918 · Court of Appeals for the Eleventh Circuit · Apr 11, 2014

immunity protection merely because they failed to take several additional investigative steps urged by plaintiff. … immunity.

L. T. v. Smyrna Police Lt. Kenneth Owens

Court of Appeals for the Eleventh Circuit · Apr 2, 2020

Qualified immunity protects government officials from individual liability unless they “violate[] clearly established statutory or constitutional rights of which a reasonable person would have known.” Piazza v. … Even assuming Thomas’s constitutional rights were violated, Owens would be entitled to qualified immunity because the unlawfulness of Owens’s conduct was not clearly established at the time of the shooting.

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

Jacqueline Lewis v. City of Union City, Georgia

877 F.3d 1000 · Court of Appeals for the Eleventh Circuit · Dec 15, 2017

To establish a prima facie case for disability discrimination, a plaintiff must produce sufficient evidence to permit a jury to find that she: (1) is disabled, (2) is. a qualified individual, and (3) was discriminated against … Lewis’s Notice of Appeal stated that she appealed from the judgment dismissing her claims in their entirety, in this Court she failed to address the district court's grant of qualified immunity to Chief Odom in her opening

Alfred Days v. Warden Scott Crickmar

701 F. App'x 883 · Court of Appeals for the Eleventh Circuit · Jul 18, 2017

Days also contends that the defendants are not protected by qualified immunity. The district court granted summary judgment in favor of Crickmar and Hammock. Days now appeals. … AFFIRMED. 5 For this reason, we need not conduct a qualified-immunity analysis. 9

Tidera Harris v. Gregory Harvey

Court of Appeals for the Eleventh Circuit · Mar 13, 2024

The district court therefore erred when it denied qualified immunity because the evidence in the record established that Harris’s Fourth Amendment rights were not violated in this encounter. … To demonstrate that qualified immunity does not apply in this case, Harris must show that Harvey (1) violated one of his constitutional rights, and (2) that it was clearly established at the time of the

Alabama Education Ass'n v. Bentley

803 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Oct 14, 2015

Bush, 323 F.3d 937, 950 (11th Cir. 2003) (holding that Florida’s governor was protected by legislative immunity when signing a bill into law); Baraka v. … The privilege at issue in that case was a vaguely asserted “qualified executive or governmental privilege,” not a legislative privilege. See O’Neill, 619 F.2d at 228.

Kissimmee River Valley Sportsman Association v. City of Lakeland

250 F.3d 1324 · Court of Appeals for the Eleventh Circuit · May 22, 2001

To establish the right of equal access, the Plaintiff points in particular to 50 C.F.R. § 80.24 , which provides in relevant part: The State shall allocate at least 10 per-centum of each annual apportionment under Federal … See Buckley, 66 F.3d at 192 ("The state's obligation is in the nature of a contract and is clearly binding.”). Even if the regulations are binding, they do not necessarily create a right enforceable through § 1983.

In re: Octavious Williams

898 F.3d 1098 · Court of Appeals for the Eleventh Circuit · Aug 1, 2018

Holding for the first time in the Eleventh Circuit that Hobbs Act robbery “clearly qualifies as a ‘crime of violence’ under the use-of-force clause in [18 U.S.C.] § 924(c)(3)(A),” the panel found that Saint Fleur could … Sixteen days later—in another published order and under similar circumstances3—the same motions panel, partially relying upon In re Saint Fleur, found that aiding and abetting Hobbs Act robbery also “clearly qualifies”

Leon Edward Pugh, Jr. v. William Balish

564 F. App'x 1010 · Court of Appeals for the Eleventh Circuit · May 7, 2014

In order to establish a federal RICO violation under 18 U.S.C. § 1962(c), a plaintiff must satisfy four elements of proof: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity. 18 U.S.C. § … In this case, Pugh has failed to allege any activity that would qualify as racketeering activity as defined by 18 U.S.C. § 1961(1), and, therefore, has failed to allege a pattern of racketeering activity.

United States v. Dante Grassi, Dominic Santarelli

783 F.2d 1572 · Court of Appeals for the Eleventh Circuit · Mar 13, 1986

They approached Clement Pinder about the prospect of establishing a lottery in the Bahamas. … Santarelli became upset that Wilson and Williams had contacted Pinder about establishing a national lottery without first consulting him.

Leroy Berry v. Jamie McGowan

Court of Appeals for the Eleventh Circuit · Jul 25, 2018

Qualified immunity protects “government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known … To be entitled to qualified immunity, the officer “must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful act” occurred. Id.

United States v. William Michael Adkinson

247 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Apr 19, 2001

The criminal defendant bears the burden of proving this by a preponderance of the evidence, as well as establishing that he is otherwise qualified for the award under the law. … Gilbert has not established that and he can not establish it.