Case law

Barnes v. Broward County Sheriff's Office

190 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Sep 30, 1999

Although the Court of Appeals determined that Helms' conviction constituted a violation of due process, the district court, on remand, found that the defendants were entitled to qualified immunity. … Great Dane Trailers, 969 F.2d 989 (11th 3 We do not foreclose the possibility that an employment discrimination plaintiff who receives only injunctive relief may be entitled to attorney's fees where the plaintiff establishes

Simmons v. Block

782 F.2d 1545 · Court of Appeals for the Eleventh Circuit · Feb 27, 1986

Simmons' testimony reveals his belief that the government's published terms were established in order to make credit bids equivalent to cash. … Sec. 1291 . 18 This court also has jurisdiction to hear the case because the order appealed from is clearly an injunction.

1998-2 Trade Cases P 72,307, 12 Fla. L. Weekly Fed. C 217 City of Tuscaloosa Municipal Utilities Board of Albertville, Auburn Water Works Board Jasper Water Works and Sewer Board, Inc., Plaintiffs-Intervenors-Appellants v. Harcros Chemicals, Inc. Jones Chemicals, Inc.

158 F.3d 548 · Court of Appeals for the Eleventh Circuit · Feb 9, 1999

He is no more qualified than Dr. McClave to testify on opinions based on economic theory. … Furthermore, we point out that Lanzillotti's professed market definition is clearly wrong.

Fajardo v. U.S. Attorney General

659 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Oct 12, 2011

However, where Congress has spoken clearly, we do not defer to an agency’s interpretation of the statute, as we “must give effect to the unambiguously expressed intent of Congress.” Id. at 842-43. … The Court based its conclusion on the text and structure of § 1101(a)(43), which is unlike the statute at issue here, § 1182(a)(2)(A)(i)(I); whereas § 1182(a)(2)(A)(i)(I) uses a well-established, generic term of art (“crime

James A. Warren v. Dave Crawford

927 F.2d 559 · Court of Appeals for the Eleventh Circuit · Mar 26, 1991

The court then held that informal customs cannot be the source of an employee’s property interest where state law establishes at will employment. Id. … Douglas County, 903 F.2d 1546, 1553 (11th Cir.1990). 11 We therefore need not reach the district court’s rulings on legislative and qualified immunity. B.

United States v. State of Alabama

Court of Appeals for the Eleventh Circuit · Feb 12, 2015

Notably, the phrase “an election” is followed by the qualifier “for Federal office.” … The parties have not cited, nor have we discovered, any intent on the part of Congress to carve out a runoff exception to the forty-five day transmission requirement, much less the “clearly expressed legislative intent

Ralph Cooper v. Fulton County, Georgia

458 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Aug 7, 2006

The district court’s findings will be reversed only if clearly erroneous. Nero v. Indust. Molding Corp., 167 F.3d 921, 928 (5th Cir. 1999). … The County argues that the district court abused its discretion by not finding that the same conduct evincing the County’s good faith also established the reasonableness of its conduct.

Denorris Williams v. Alabama Department of Corrections

426 F. App'x 808 · Court of Appeals for the Eleventh Circuit · May 16, 2011

to qualified immunity for the takings claim because it was not clearly established in 2 2006 and 2007 that deducting transportation fees in addition to Ala. … And, even if he was acting in his discretionary authority, Allen is not entitled to qualified immunity because it was clearly established in 2006 and 2007 that Ala.

United States v. Mailon Paul Wood, Kenneth E. Davis, William L. Deering and Winford "Billy" Wood

780 F.2d 955 · Court of Appeals for the Eleventh Circuit · Jan 22, 1986

Deering testified before the grand jury under a grant of use immunity pursuant to 18 U.S.C. § 6003 (1982). 7 . … In exchange for immunity from prosecution Terrell agreed to cooperate with the Government’s investigation.

Zbigniew W. Dybczak v. Tuskegee Institute, an Alabama Corporation

737 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Aug 1, 1984

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. … Dybczak must prove, one, that he was qualified to do the job. If he has not proved that he was qualified, you must find in favor of Tuskegee on this claim.

Ross M. Jackson v. Sgt. Glenn Cowan

Court of Appeals for the Eleventh Circuit · Sep 1, 2022

Qualified Immunity Principles “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … I now turn to the clearly established prong of the qualified immunity inquiry.

Spivey v. Beverly Enterprises, Inc.

196 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Nov 30, 1999

Appellant must meet four requirements in order to establish a prima facie case of discrimination: (1) she is a member of a group protected by Title VII; (2) she was qualified for the position or benefit sought; (3) she … The Fifth Circuit found that the plaintiff, a pregnant employee, had not established a prima facie case of discrimination because she failed to demonstrate that she was qualified for light duty and that she was treated

Keith Robert Caldwell, Sr. v. U.S. Department of Veterans Affairs

646 F. App'x 842 · Court of Appeals for the Eleventh Circuit · Mar 30, 2016

The court also found that Caldwell’s constitutional claims were barred by sovereign immunity. Finally, the court found that Caldwell failed to establish diversity jurisdiction over Hospital Corporation. … Therefore, as the party filing suit in federal court, Caldwell bore the burden of establishing, by a preponderance of the evidence, facts supporting the existence of a waiver of sovereign immunity.

Marine Coatings of Alabama, Inc. v. United States

792 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Jul 9, 1986

. §§ 781-89 (PVA), and, alternatively, (2) MCI could not establish its right to a maritime lien were the vessels privately owned — a necessary condition precedent to jurisdiction under the SAA. … MCI argues that because it would be entitled to a maritime lien under § 971 of the MLA were the three vessels privately owned, it could therefore seek damages under the waiver of sovereign immunity found in § 742 of the SAA

White v. Lemacks

183 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Aug 10, 1999

It also asserted that all of the defendants had qualified immunity, sovereign immunity, or official immunity, and that the request for punitive damages should be dismissed. … An unarmed town employee supervised the inmates during their work, see Cornelius, 880 F.2d at 349-50, but the measures employed to protect Cornelius and others who worked at the town hall were clearly inadequate to ensure

Gitlitz v. Compagnie Nationale Air France

129 F.3d 554 · Court of Appeals for the Eleventh Circuit · Nov 19, 1997

This burden can be met either by showing direct proof of discrimination or by satisfying the scheme for circumstantial evidence established by McDonnell Douglas Corp. v. … Plaintiffs are clearly entitled to ERISA's protection and qualified for the job, thus satisfying the first two prongs.

Conraad L. Hoever v. R. Marks

Court of Appeals for the Eleventh Circuit · Jul 7, 2020

Qualified Immunity Marks and Paul also challenge the district court’s denial of their Rule 50 motions for judgment as a matter of law on the ground they are entitled to qualified immunity. … for judgment as a matter of law based on qualified immunity.

Sonny Austin Ramdeo v. United States

136 F.4th 1348 · Court of Appeals for the Eleventh Circuit · May 20, 2025

“A district court abuses its discretion when its ruling rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law to fact.” United States v. … What Correa-Negron established is that prisoners in custody can only challenge their custodial sentences under § 2255—a non- controversial point.

Julia Huff Walker v. City of Huntsville Alabama

310 F. App'x 335 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”). … Nor do we need to reach the officers’ qualified immunity defense.

St. Joseph's Hospital, Inc. v. Hospital Corporation Of America

795 F.2d 948 · Court of Appeals for the Eleventh Circuit · Aug 5, 1986

Joseph's establishment of a cardiac surgery program in violation of the Sherman Antitrust Act. St. … Id. at 670 , 85 S.Ct. at 1593 . 36 Thus, while the delaying tactics of the defendants are clearly immune from antitrust liability, the furnishing of misinformation to SHPA is not entitled to the same protection.