Case law

United States v. Deangelo Lenard Johnson

981 F.3d 1171 · Court of Appeals for the Eleventh Circuit · Dec 2, 2020

As we have mentioned, that section renders non-qualifying an otherwise-qualifying predicate offense under Section 922(g)(9) if, as relevant to 2 Rehaif applies to Johnson’s case on direct appeal. … As we have explained, that was clearly contrary to the law as we understand it after Rehaif. See Rehaif, 139 S. Ct. at 2200; Reed, 941 F.3d at 1021. C.

United States v. Ramon Gonzalez-Lopez

911 F.2d 542 · Court of Appeals for the Eleventh Circuit · Sep 7, 1990

Indeed, we must establish the correct method of determining whether an offense is a crime of violence before deciding whether Gonzalez was convicted of at least two crimes of violence. … Moreover, experience dictates that Gonzalez’ convictions clearly fit within the “heartland” cases of robbery and residential burglary.

Billy Raulerson v. Warden

928 F.3d 987 · Court of Appeals for the Eleventh Circuit · Jun 28, 2019

So Atkins 's citation to Ford cannot clearly establish a procedural limitation on the burden of proof for intellectual disabilities. … Hill transgressed clearly established federal law is itself not clearly established.

Kennie Willett, Jessica Willett, a Minor Who Sues by and Through Her Father and Next Friend, Cross-Appellants v. Blue Cross and Blue Shield of Alabama, Cross-Appellee. Ernest L. Roden, Sheila Roden, Cross-Appellants v. Blue Cross and Blue Shield of Alabama, Cross-Appellee. Marvin A. Baugh Betty F. Baugh, Cross-Appellants v. Blue Cross and Blue Shield of Alabama, Cross-Appellee. Rickey D. Silas v. Blue Cross and Blue Shield of Alabama

953 F.2d 1335 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

The record does not clearly establish whether or not Willett obtained COBRA coverage, and the district court made no factual finding on this matter. … Silas therefore qualifies as a "plan participant," even though he was never entitled to vested benefits under the terms of the Mays plan. 29 U.S.C.A. § 1002 (7).

31 Fair empl.prac.cas. 93, 31 Empl. Prac. Dec. P 33,381, 12 Fed. R. Evid. Serv. 1187 Patricia Perryman, on Behalf of Herself and All Persons Similarly Situated, Helen Jackson and Finesse Smith v. Johnson Products Company, Inc.

698 F.2d 1138 · Court of Appeals for the Eleventh Circuit · Feb 22, 1983

We find this conclusion to be clearly erroneous; this statement by the district court compels us to conclude that the court did not give proper weight to the evidence presented by Johnson Products, and we remand so that we … A similar burden has been imposed on plaintiffs seeking to establish a prima facie case of discrimination in promotion 7 and retaliatory discharge. 8 10 Once the plaintiff has established a prima facie case of discrimination

Jacqueline Finn v. Bobby Haddock

459 F. App'x 833 · Court of Appeals for the Eleventh Circuit · Feb 29, 2012

DISCUSSION 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 … To claim qualified immunity, a defendant must first show that he was performing a discretionary function. Mercado v. City of Orlando, 407 F.3d 1152, 1156 (11th Cir. 2005) (citation omitted).

Bankshot Billiards, Inc. v. City of Ocala

634 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Mar 11, 2011

shall not cause the establishment to fail to qualify for the exemption. 8 Id. § 6-9(d)(1) (emphasis added).4 Notwithstanding the Limitation’s implication that part-time … All portions of an establishment that claim to be exempt must qualify for the same exemption on the same business day.

Wsb-Tv, Mark C. Winne and Richard Nelson v. Earl Lee

842 F.2d 1266 · Court of Appeals for the Eleventh Circuit · Apr 22, 1988

The Court underscored that: This requirement in turn is qualified by Rule 56(f)’s provision that summary judgment be refused where the nonmov-ing party has not had the opportunity to discover information that is essential … The test is clearly stated in Baldwin v. Morgan, 251 F.2d 780, 786 (5th Cir.1958): But that is not the test. The Public Service Commission clearly had the general authority to issue orders.

United States v. Four Million, Two Hundred Fifty-Five Thousand, Etc., United States of America v. Three Million, Six Hundred Eighty-Six Thousand, Etc.

762 F.2d 895 · Court of Appeals for the Eleventh Circuit · Jun 11, 1985

It was Ghitis’ burden to establish, by a preponderance of the evidence, that the money had not been used in violation of the statute. … Congress clearly contemplated the forfeiture of property that once belonged to drug dealers, but subsequently was transferred, via “legitimate transactions,” to third parties.

K.A. v. Renee Waters

448 F. App'x 7 · Court of Appeals for the Eleventh Circuit · Oct 13, 2011

The district court also determined that Defendants would be immune from suit anyway because their actions did not violate a clearly established constitutional right. … Defendants’ claim of qualified immunity means that we need only to decide whether Defendants violated any “clearly established constitutional rights.” Powell v.

Adam Elend v. Sun Dome, Inc.

471 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Dec 6, 2006

. § 702, which removes governmental immunity from suits seeking declaratory or injunctive relief against federal agencies or employees acting in their official capacity. … The plaintiff bears the burden of establishing each of these elements. See Bennett v. Spear, 520 U.S. 154, 167-68 (1997).

United States v. James Mathurin

690 F.3d 1236 · Court of Appeals for the Eleventh Circuit · Aug 15, 2012

Bowers, 834 F.2d 607, 610 (6th Cir. 1997) (explaining in dicta that “the plea bargaining process can qualify as one of many ‘other proceedings’”).6 However, unlike the Circuits addressing this question in these cases, … For those cases, it established a specific procedure by which a court would have to approve the delay based on on-the-record “findings that the ends of justice served by taking such [a delay] outweigh the best interest

Morrissette-Brown v. Mobile Infirmary Medical Center

506 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Nov 7, 2007

With a prima facie case established, the burden shifts to the defendant to “demonstrate[] that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without … Infirmary say it would arrange shift swaps for Morrissette-Brown and not do so. 12 Infirmary and was not successful, Stembridge explained that it was because she was not qualified

Thomas Harvey Blanton v. Griel Memorial Psychiatric Hospital

758 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Apr 29, 1985

Claims under this Section must allege that some person, acting under color of state law, deprived plaintiff of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. 42 U.S.C. § 1983 … For this reason, the allegations in plaintiffs complaint are insufficient to establish an important element of his claim.

United States v. Donald Caldwell

431 F.3d 795 · Court of Appeals for the Eleventh Circuit · Dec 5, 2005

The evidence at trial established that Caldwell was on supervised release following his conviction and imprisonment for a controlled substance offense. … Based on the testimony, we 10 conclude that these factual findings were not clearly erroneous.

Ann McCauley v. State of Georgia

466 F. App'x 832 · Court of Appeals for the Eleventh Circuit · Apr 12, 2012

Because McCauley could not establish an ADA violation, the Bibb County court and Judge Self were immune from money damages under the Eleventh Amendment, and the magistrate recommended dismissing McCauley’s claim for money … The Court did not qualify this holding with a requirement that an actual violation must have occurred for the abrogation of immunity to be valid. See generally id.

Martinez-Mendoza v. Champion International Corp.

340 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 5, 2003

First, the facts clearly refute the claim that Champion controlled plaintiffs’ work. … as class representative and, if not qualified, whether a member of the class is willing and qualified to serve as class representative.

United States v. Willie McCloud

818 F.3d 591 · Court of Appeals for the Eleventh Circuit · Mar 16, 2016

The parties agree that McCloud’s armed robbery convictions qualify as “violent felon[ies]” within the meaning of 18 U.S.C. § 924(e)(2)(B). … At most, the transcript establishes two separate offenses.

Margaret M. BAKER, Plaintiff-Appellant, v. SEARS, ROEBUCK & CO., Defendant-Appellee

903 F.2d 1515 · Court of Appeals for the Eleventh Circuit · Jun 26, 1990

Specifically, the plaintiff failed to prove that she was qualified for the employment position at issue. … Sears’ policy toward its management employees is not necessarily related to its sales employees; they are clearly distinct groups.

Chappell v. Rich

340 F.3d 1279 · Court of Appeals for the Eleventh Circuit · Aug 11, 2003

. §§ 1983 and 1985 because they could not establish that they had been denied access to the courts. … DISCUSSION 8 Access to the courts is clearly a constitutional right, grounded in the First Amendment, the Article IV Privileges and Immunities Clause, the Fifth Amendment, and/or the Fourteenth Amendment. Christopher v.