Case law

76 Fair empl.prac.cas. (Bna) 1270, 73 Empl. Prac. Dec. P 45,369, 11 Fla. L. Weekly Fed. C 1284 Nancy Arrington v. Cobb County, Robert Hightower, in His Official Capacity as Director of Cobb County's Public Safety Commission, Nathan Wilson, in His Official Capacity as Fire Chief of Cobb County's Department of Fire and Emergency Service

139 F.3d 865 · Court of Appeals for the Eleventh Circuit · Jul 1, 1998

) the Deputy Chief position went to an equally or less qualified person who was not a member of a protected class. … Gadsden State Community College, 908 F.2d 1512, 1518 (11th Cir.1990) (per curiam) 17 In granting summary judgment for appellees, the district court ruled that Arrington was sufficiently qualified to establish a prima facie

Paul Eugene Owens v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida

698 F.2d 1111 · Court of Appeals for the Eleventh Circuit · Feb 22, 1983

While the court itself did not advise Owens of the minimum twenty-five years in prison, the findings of fact establish that Owens was aware of it. … They arranged to have a psychiatric examination of Owens to make certain he was competent to stand trial and did not qualify as a mentally disordered sex offender.

United States v. Smith

402 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Mar 18, 2005

The rule in the qualified immunity context is that “[f]or a constitutional right to be clearly established, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates … This principle is well-established.

Fioretti v. Massachusetts General Life Insurance Company

53 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Jun 7, 1995

This distinction clearly has little, if any, application in the present case. … Paine, Webber, Jackson & Curtis, Inc., 710 F.2d 678, 690 (11th Cir.1983) 29 Although the record indicates that Anthony Fioretti paid all his premiums in accordance with the timetable established by the policy, it does not

Steadham v. Sanders

941 F.2d 1534 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

Clair, 384 So.2d 1 (Ala.1980) (county lacks governmental immunity, can sue and be sued). *1537 However, although we have searched Alabama law, we can find no indication that a county commission’s factual findings have preclusive … In the licensing case, the county commission takes administrative action for which it has essentially final authority, subject only to “a limited review, delineated by statute and court-established standards which relate

United States v. Chan Walker Zielie, Keith H. Gustafson, Thomas David Wilkerson, Robert Walter Govern, and Leon D. Mausser

734 F.2d 1447 · Court of Appeals for the Eleventh Circuit · Jun 25, 1984

He asserted that none of the marijuana that he allegedly received and distributed had ever been seen, seized or tested by qualified law enforcement personnel or a qualified expert in the field of botany or forensic chemistry … There is no doubt that this circuit has a clearly established rule that convictions can be overturned where a comment on a defendant’s exercise of his right to remain silent impairs the integrity of that right.

Scheurenbrand v. Wood Gundy Corp.

8 F.3d 1547 · Court of Appeals for the Eleventh Circuit · Oct 13, 1993

This holding is consistent with the well-established, traditional understanding that rescission is an equitable remedy. See, e.g., Royal v. … Based upon this evidence, the trial court concluded in the memorandum accompanying its final order and judgment in this case that "[t]he evidence clearly established that plaintiffs still own the securities in question, and

Holland v. Gee

677 F.3d 1047 · Court of Appeals for the Eleventh Circuit · Apr 17, 2012

Under McDonnell Douglas, the plaintiff must initially establish a prima facie case, which generally consists of the following: 1) the plaintiff was a member of a protected class, 2) she was qualified to do the job, 3) she … However, “the defendant must clearly set forth . . . the reasons for the plaintiff’s rejection.” Burdine, 450 U.S. at 255, 101 S. Ct. at 1094.

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.

Childers v. Floyd

642 F.3d 953 · Court of Appeals for the Eleventh Circuit · Jun 2, 2011

established federal law? … As explained in part III.A, supra, clearly established law says only that trial courts cannot bar all cross-examination into a witness’s possible biases.

Lawson v. Singletary

85 F.3d 502 · Court of Appeals for the Eleventh Circuit · May 29, 1996

immunity will bar any claim for damages. … There is clearly no per se bar to censorship of incoming prisoners' mail. See Thornburgh v. Abbott, 490 U.S. 401, 109 S.Ct. 1874, 104 L.Ed.2d 459 (1989); Turner v.

Jamie Senko v. Corey Jackson

Court of Appeals for the Eleventh Circuit · Mar 15, 2023

Excessive Force Qualified immunity protects government officials perform- ing discretionary functions from trials and liability if their conduct does not violate clearly established statutory … “[A] government official is entitled to qualified immunity unless he (1) violated a con- stitutional right, and (2) that constitutional right was clearly estab- lished at the time.” Id.

Ramon Badillo v. Janet Thorpe

158 F. App'x 208 · Court of Appeals for the Eleventh Circuit · Dec 1, 2005

No other courts may be established by the state, any political subdivision or any municipality. … “To state a claim under Title II of the ADA, a plaintiff must allege: (1) that he is a qualified individual with a disability; (2) that he was excluded from participation in or . . . denied the benefits of the services,

Thigpen v. Bibb County, Georgia

223 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Aug 30, 2000

Plaintiffs argue that the Reeves Decree qualifies as such an "on-going policy" and that, consequently, Beavers controls. Because we conclude that Beavers is distinguishable, we disagree. … NOTES: 1 "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process

United States v. Barrington

648 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Aug 11, 2011

The Government could accordingly introduce qualifying 404(b) extrinsic act evidence to prove intent. Id. And because he raised the “mere presence” defense, qualifying extrinsic act evidence became “highly probative.” … Testimony established that grades were changed to enhance students’ GPAs and qualify them for the next step in their respective academic progressions, including graduate school.

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.

Knight-Ridder Newspapers, Inc. v. United States

743 F.2d 781 · Court of Appeals for the Eleventh Circuit · Oct 3, 1984

In its advertising contracts, the Free Press provided that an advertiser would qualify for a lower per line rate if its annual volume of advertising exceeded a specified level. … life for each such asset guideline class ..; (c) For each asset guideline class ..., (1) the total unadjusted basis of all qualified property, (2) the aggregate of the reserves for depreciation of all accounts in the asset

Grant Danskine v. Miami Dade Fire Department

253 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jun 12, 2001

But Appellants’ physical ability data does not establish that the affirmative action plan was unjustified in 1994-97. … to be firefighters, or that only a tiny percentage of women are physically qualified.

Grant Danskine v. Miami Dade Fire Department

253 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jun 12, 2001

But Appellants' physical ability data does not establish that the affirmative action plan was unjustified in 1994-97. … to be firefighters, or that only a tiny percentage of women are physically qualified.

Janice Akins v. Fulton County, Georgia

278 F. App'x 964 · Court of Appeals for the Eleventh Circuit · May 22, 2008

. § 1983 against Defendants John Gates, Vanessa Reynolds, and Fulton County, Georgia.1 In our previous opinion, we reversed the district court’s grant of summary judgment, on the basis of qualified immunity, to defendant … established law.