Case law

Charles McCorvey v. Baxter Healthcare Corp.

298 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Jul 24, 2002

Federal Rule of Evidence 702, governing the admissibility of expert evidence, provides that if “specialized knowledge will assist the trier of fact, ... a witness qualified as an expert ..., may testify thereto in the form … Clearly something was different between these non-erupting catheters and McCorvey's catheter; tak *1259 ing all inferences in favor of McCorvey, we must assume that this difference was not a variation in the inflation levels

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.

Turner v. Jones

415 F. App'x 196 · Court of Appeals for the Eleventh Circuit · Feb 23, 2011

When determining whether an official is entitled to qualified immunity, however, the issue 5 is not actual probable cause, but only arguable probable cause. Montoute v. … immunity is out of this case.

Does 1 Through 976 v. Chiquita Brands International, Inc.

47 F.4th 1278 · Court of Appeals for the Eleventh Circuit · Sep 6, 2022

Evid. § at 803.08[8][a] (“The phrase [a ‘]qualified wit- ness’ is given a very broad interpretation. … by the state under the Foreign Sovereign Immunities Act).

prod.liab.rep.(cch)p 10,997 Katie Laurel Wells v. Ortho Pharmaceutical Corporation

788 F.2d 741 · Court of Appeals for the Eleventh Circuit · May 6, 1986

We note that plaintiffs presented well qualified experts who testified at length concerning causation. 5 These experts relied on their particular areas of expertise, their personal examinations of the child (at least by Dr … We recognize, as did the Ferebee court, that a cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists.

Ariel Marcelo Bastias v. U.S. Attorney General

42 F.4th 1266 · Court of Appeals for the Eleventh Circuit · Aug 2, 2022

II “Whether a conviction qualifies as a ‘crime of child abuse’ . . . under the INA is a question of law for the Court. … In my view, no intervening Supreme Court decision is sufficiently “clearly on point” to enable us to ignore Pierre.

Haitian Refugee Center, an Unincorporated, Not for Profit Organization v. Edwin Meese, III , Attorney General of the United States

791 F.2d 1489 · Court of Appeals for the Eleventh Circuit · Jun 24, 1986

Paragraph (a) clearly applies to the present case, which has been pending since 1979. … It is clearly evident that the district court’s order awarding attorneys’ fees is appealable under Cohen and its progeny.

United States v. Thomas Reed

887 F.2d 1398 · Court of Appeals for the Eleventh Circuit · Nov 8, 1989

Reed also asserts that the statement should not have been admitted because it contains hearsay within hearsay 14 and that each level of the statement does not qualify as an exception. Reed cites U.S. v. … In Giglio , the government’s key witness, who was a coconspirator, testified at trial that the he had not been promised immunity in return for his testimony.

Leib v. Hillsborough County Public Transportation Commission

558 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Feb 19, 2009

In short, as with his arbitrary-and-capricious due process claim, Leib has not asserted his “unbridled discretion” claim clearly enough to permit our review. See, e.g., Tyler, 70 F.3d at 465. … This is simply false: an environmentally-friendly vehicle may qualify as a limousine so long as it meets Rule 1.15’s luxury and other requirements.

Rhonda Boyette v. Marcus Adams

Court of Appeals for the Eleventh Circuit · Oct 13, 2022

Qualified immunity shields government officials acting within their discretionary authority from civil damages liability un- less the official violated a statutory or constitutional right that was clearly established at the … “In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

George Mandel v. John Doe (Name Unknown, an Escambia County Prison Employee), Escambia County, Florida

888 F.2d 783 · Court of Appeals for the Eleventh Circuit · Dec 12, 1989

Finally, when Mandel’s mother, concerned that her son was not receiving even rudimentary care, asked that her son be seen by a doctor, Hatfield laughed at her and reiterated his refusal. 11 Thus, the evidence clearly established … Flynn declined to opine whether Hatfield’s failure to order an X-ray "was because of a lack of knowledge or whether that was because of indifference and I don't feel qualified to make a decision about that in regard to the

Belasco v. W.K.P. Wilson & Sons, Inc.

833 F.2d 277 · Court of Appeals for the Eleventh Circuit · Dec 2, 1987

The group medical insurance policies involved in this case clearly qualify as an "employee welfare benefit plan,” which is defined in ERISA section 3(1) as any plan, fund, or program which was heretofore or is hereafter established … group health care plans covered 134.1 million persons in the United States in 1984, Statistical Abstract of the United States at 89 (107th ed. 1987), and private health insurance programs (the majority of which presumably qualify

Andrew Joyce v. Sheriff Robert Crowder

509 F. App'x 969 · Court of Appeals for the Eleventh Circuit · Feb 21, 2013

Because the only issue we faced in the prior appeal was whether the arresting officers were entitled to qualified immunity from 42 U.S.C. § 1983 claims alleging First and Fourth Amendment violations, and because all that … was required for qualified immunity was arguable probable cause, see, e.g., Jones v.

Robert F. Abercrombie, Jr. v. Trey Beam

Court of Appeals for the Eleventh Circuit · Mar 15, 2018

Qualified immunity protects government officials from individual liability for job-related conduct unless they violate clearly 7  Case: 17-13930 Date Filed: … Specifically, overcoming qualified immunity requires two showings: (1) that the defendant violated a constitutional right and (2) that the right was clearly established at the time of the misconduct.

Frech v. Pensacola Steamship Ass'n

903 F.2d 1471 · Court of Appeals for the Eleventh Circuit · Jun 25, 1990

Such a finding was necessary in order for the plaintiffs to qualify for the pension, welfare and vacation (PWV) plan. In order to qualify, they each would have had to work 700 hours per year. … We conclude, therefore, that except for the PWV amounts, the assessment of damages by the trial court was not clearly erroneous. IV.

Stuart v. Jefferson County Department of Human Resources

152 F. App'x 798 · Court of Appeals for the Eleventh Circuit · Oct 6, 2005

Under this framework, the plaintiff must first establish a prima facie case by showing that (1) he was qualified and applied for the position; (2) he was rejected despite his qualifications; and (3) other equally or less … Consolidated City of Jacksonville, 341 F.3d 1261, 1268 (11th Cir. 2003). 6 The district court also properly rejected Shanahan’s defense of qualified immunity because gender discrimination was a clearly established

Dan J. Benson v. Andres Facemyer

657 F. App'x 828 · Court of Appeals for the Eleventh Circuit · Jul 20, 2016

A police officer’s appeal of a denial of qualified immunity falls within this small category “where the disputed issue is whether the [officer]’s conduct violated clearly established law.” … on whether Officer Facemyer violated clearly established law.

Timothy Rylee v. Sheriff Charles Chapman

316 F. App'x 901 · Court of Appeals for the Eleventh Circuit · Feb 27, 2009

Sheriff Chapman’s official immunity Rylee argues that the district court erred in dismissing his ADA and § 1983 claims against Sheriff Chapman on the basis of official immunity. … The ADA prohibits a “public entity” from discriminating against a “qualified individual with a disability” on account of his disability. 42 U.S.C. § 12131.

Dustin Myers v. Murry Bowman

Court of Appeals for the Eleventh Circuit · Apr 10, 2013

immunity because we concluded that the officer used only de minimis force to arrest the plaintiff. 351 F.3d at 1094. … The Myers had to establish that Murry’s conduct caused them to be “deprived . . . of rights, privileges, or immunities secured by the Constitution or laws of the United States.” Beaulieu v.

Eric Watkins v. David Session

Court of Appeals for the Eleventh Circuit · Dec 7, 2023

Once the defendant has established that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate. Id. … An arresting officer is entitled to qualified immunity unless the plaintiff shows that (1) he violated a federal statutory or constitutional right, and (2) the unlawfulness of his conduct was clearly established