Case law

Charles Kibaara Nyaga, Doin Kainyu Kibaara v. Joh Ashcroft, Rosemary Melville

323 F.3d 906 · Court of Appeals for the Eleventh Circuit · Mar 5, 2003

and Naturalization Service (INS)— appeal from the district court’s order granting mandamus relief to the Plaintiffs, Charles Kibaara Nyaga (Nyaga) and his wife, Doin Kainyu Kibarra (Kibarra). 1 Nyaga, a resident alien, qualified … While neither situation involved the INS’s failure to process a lottery winner's application, this distinction is irrelevant; Congress's action clearly evinces its understanding that an applicant is no longer eligible to

Robert Dale Harris v. Kasey P. Wingo

Court of Appeals for the Eleventh Circuit · May 3, 2023

immunity. … The district court denied this motion, explaining that the “de- nial of summary judgment on a claim of qualified immunity does not establish liability for the underlying conduct.”

United States v. Ram Kumar Singh

291 F.3d 756 · Court of Appeals for the Eleventh Circuit · May 15, 2002

The evidence clearly established that some of the conspiracy’s acts occurred outside of the United States, and Singh is responsible for these actions by his co-conspirator(s) because these acts were reasonably foreseeable … In the instant case, we cannot say that the district court committed clear error in denying Singh a reduction in his adjusted offense level for accepting responsibility for his crimes or that the record clearly establishes

Eloy Rojas Mamani v. Jose Carlos Sanchez Berzain

Court of Appeals for the Eleventh Circuit · Aug 29, 2011

immunity and the Foreign Sovereign Immunities Act. … And the well- pleaded facts in this case do not equal the kind of conduct that has been already clearly established by international law as extrajudicial killings or as crimes against humanity.

James River Insurance v. Ground Down Engineering, Inc.

540 F.3d 1270 · Court of Appeals for the Eleventh Circuit · Aug 20, 2008

James River contends that Priority’s request for compensation due to environmental remediation and delay due to contamination establishes that Priority’s lawsuit “arises out of pollution.” … Assuming for a moment that all materials found by Priority are in fact pollutants, the claim clearly arises out of pollution.

Adis M. Vila v. Eduardo J. Padron

484 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Apr 20, 2007

On March 30, 2005, the district court granted summary judgment to Padrón in his individual capacity after finding he was entitled to qualified immunity. … DISCUSSION The law is well established that a state employee may not be discharged in retaliation for speech protected under the First Amendment. Rankin v. McPherson, 483 U.S. 378, 383, 107 S.

Jessica N. Rogers v. John Gaddis

Court of Appeals for the Eleventh Circuit · Apr 9, 2021

The district court ruled that Gaddis and Bauman’s argument for summary judgment based on qualified immunity “[wa]sn’t . . . close.” … DISCUSSION Gaddis and Bauman argue that they are entitled to qualified immunity.

DeeAnne Horn v. William Barron

Court of Appeals for the Eleventh Circuit · Jan 4, 2018

It is well-established that qualified immunity protects government officials unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Whether a defendant is entitled to qualified immunity is a question of law; in other words, whether the law at the time of the incident was clearly established so that a reasonable person should have known that he was

United States v. Patrick Randell McIntosh

900 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Aug 20, 2018

But we are persuaded to adopt the definition established by the D.C. Circuit in McDonald v. United States, 312 F.2d 847 (D.C. Cir. 1962). … Consistent with the decisions of our sister circuits, we conclude that a personality disorder may qualify as a mental disease or defect under § 4243.

Baker County Medical Services, Inc. v. U.S. Attorney General

763 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Aug 14, 2014

The district court dismissed the quantum meruit count as barred by sovereign immunity, and the Hospital concedes that this claim fails as a matter of law. 2  Case … B Neither Medicare nor EMTALA establishes the reimbursement rate for emergency services provided to federal detainees.

Trinet Group, Inc. v. United States

979 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Nov 5, 2020

While, as explained above, Gevity and its clients could not both qualify as the “employer” under § 3401(d), the fact that the agreements envisioned a co-employment relationship is relevant. … The parties’ dealings as they implemented their arrangement, however, establish that Gevity in practice placed its own funds at risk in making wage payments.

Combs v. Plantation Patterns

106 F.3d 1519 · Court of Appeals for the Eleventh Circuit · Feb 20, 1997

Thus Hairston , our first decision on this issue following Hicks, clearly held that one way a plaintiff may succeed in establishing- discrimination is by showing that the employer’s proffered explanations are not credible … To establish a prima facie case of discriminatory failure to promote, a plaintiff must prove: (1) that he is a member of a protected class; (2) that he was qualified for and applied for the promotion; (3) that he was rejected

Thomas McCroden v. County of Volusia

Court of Appeals for the Eleventh Circuit · Feb 12, 2018

Painter, the Officers, on the basis of qualified immunity under federal law and individual statutory immunity under section 768.28(9) of the Florida Statutes. … The burden then shifts to McCroden to show “that the official is not entitled to qualified immunity.” Id.

Southern Motor Carriers Rate Conference v. United States of America and Interstate Commerce Commission

773 F.2d 1561 · Court of Appeals for the Eleventh Circuit · Oct 18, 1985

with independently established motor carrier pricing initiatives. … Another anticipated impact is that, by separating the new pricing flexibility from collective ratemaking with its attendant antitrust immunity, the carriers will establish many of their rates independently of one another.

Wayne Lowe, Sr. v. Charlene Smith

Court of Appeals for the Eleventh Circuit · Dec 21, 2018

Lowe (or that they were at least entitled to qualified immunity on this claim). … immunity because such violations were not clearly established at the time of the incident.

Seana Barnett v. Sara MacArthur

Court of Appeals for the Eleventh Circuit · Oct 30, 2017

Qualified immunity offers complete protection for government officials sued in their individual capacities “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity being granted, the case and the qualified immunity issue along with it will proceed to trial.”

Joe Taylor v. City of Gadsden

767 F.3d 1124 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

Established in 1945, the ERS is a statewide pension program designed “to provide retirement and other benefits to state employees, state police, and on an elective basis to qualified persons of cities, towns, and quasi-public … To begin, nothing in the text of Alabama Code § 36-27 suggests that the employee contribution rate is immune from change, even after an employee’s retirement benefits have vested.

Jessup v. Miami-Dade County

440 F. App'x 689 · Court of Appeals for the Eleventh Circuit · Sep 1, 2011

“It is clearly established that an arrest made without probable cause violates the Fourth Amendment.” Redd v. City of Enterprise, 140 F.3d 1378, 1382 (11th Cir.1998). … immunity.

United States v. Rodriguez

64 F.3d 638 · Court of Appeals for the Eleventh Circuit · Sep 21, 1995

The structure of the guidelines and the accompanying commentary make clear that a court may depart from the guideline range established by § 5Gl.l(a) just as a court may depart from the guideline range established by other … The district court found that Rodriguez did not qualify for a § 5H1.4 departure. Rodriguez does not appeal that ruling. .

Maria Belen Perez-Zenteno v. U.S. Attorney General

913 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Jan 25, 2019

The BIA also concluded that the IJ’s factual finding that Perez-Zenteno failed to establish a nexus between her persecution and a statutorily protected ground was not clearly erroneous. … An applicant, who establishes that she is a refugee, may qualify for asylum even when the government has rebutted the presumption of a well-founded fear of future persecution if: (1) “[t]he applicant has demonstrated compelling