Case law

Tiffany Beckman v. Joe Hamilton

Court of Appeals for the Eleventh Circuit · Apr 23, 2018

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To avoid summary judgment based on qualified immunity, Plaintiff must show both that Deputy Hamilton violated a federal right and that the right was already clearly established -- given the circumstances surrounding Hamilton

James R. Leach v. Sarasota County Sheriff

Court of Appeals for the Eleventh Circuit · May 14, 2024

Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established … On appeal, Leach does not challenge these qualified immunity determinations.

Berman v. Orkin Exterminating Co.

160 F.3d 697 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Berman qualified for the president’s club and honor council based on his 1990 sales. … , the inference is raised that discriminatory intent motivated the adverse employment action, and the burden shifts to the employer to “clearly articulate in a reasonably specific manner a legitimate non-discriminatory reason

Sharron v. Amalgamated Insurance Agency Services., Inc.

704 F.2d 562 · Court of Appeals for the Eleventh Circuit · May 2, 1983

The opinion in Bayles , however, clearly establishes as the law of this Circuit 5 that the decision of the Trustees can be reversed only if it was arbitrary or capricious. … The level of those payments can be established with certainty only by reference to general economic conditions, investment yields, the relative strength of a particular established fund, and the actual and projected levels

U.S. Securities and Exchange Commission v. Big Apple Consulting USA, Inc.

783 F.3d 786 · Court of Appeals for the Eleventh Circuit · Apr 9, 2015

The defendants maintain that they qualify for an exemption under § 4(1). … Still, even assuming Wunderlich’s experience rendered him qualified, we have held that “an expert may be qualified . . .

National Wildlife Federation v. John O. Marsh, Secretary of the Army

721 F.2d 767 · Court of Appeals for the Eleventh Circuit · Dec 19, 1983

HUD-Atlanta found that, under the best assumptions, the project might barely qualify as principally benefiting low- and moderate-income persons but that, under more realistic assumptions, the project would not qualify. … At least the second half of this conclusion is clearly erroneous.

United States v. Stephen John Jordi

418 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Aug 1, 2005

“The district court's interpretation of the sentencing guidelines is subject to de novo review on appeal, while its factual findings must be accepted unless clearly erroneous.” United States v. … “In accordance with well- established rules, the language of the Sentencing Guidelines is to be given its plain and ordinary meaning.” United States v.

United States v. Dallas County Commission

904 F.2d 26 · Court of Appeals for the Eleventh Circuit · May 24, 1990

Dallas County held a special election in compliance with our opinion. 3 In early March 1990, several individuals, contending that elections for the office of county commission should be held in November of 1990, sought to qualify … We clearly had authority to order such a remedy to redress violations of the Voting Rights Act. See Reynolds v. Sims, 377 U.S. 533, 585 , 84 S.Ct. 1362, 1393 , 12 L.Ed.2d 506 (1964); Edge v.

United States v. John David Stahlman

934 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Aug 19, 2019

‘qualify’ myself the opportunity to meet your lovely little lady?” … Carr is a qualified psychologist; Two, what little is known of Dr.

Irma Ovalles v. United States

905 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Oct 4, 2018

But the facts of their prior crimes, when ascertainable, should not be immune from consideration when they commit new crimes. … We compounded that error when we started publishing those decisions, establishing them as precedent.

Richard C. Glass, of the Estate of Execr Maxwell C. Hostetter, Jr., Margaret Hostetter v. United of Omaha Life Insurance Company

33 F.3d 1341 · Court of Appeals for the Eleventh Circuit · Oct 4, 1994

Hostetter died of Acquired Immune Deficiency Syndrome on February 2, 1991. Silk Greenhouse offered its employees group life and health insurance. … However, the record clearly shows that Mr. Hostetter was ineligible for either coverage from the inception of the program until his death.

Ronald B. Edwards v. Fulton County

363 F. App'x 717 · Court of Appeals for the Eleventh Circuit · Jan 29, 2010

“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 rights of which a reasonable person … that violation was “clearly established” at the time of the alleged deprivation.

Estate of Gerald L. Wallace, Deceased, Celia A. Wallace, and Celia A. Wallace v. Commissioner of Internal Revenue

965 F.2d 1038 · Court of Appeals for the Eleventh Circuit · Jul 13, 1992

The Purpose of Section 464 With Congress’s intent so clearly expressed, we do not need to investigate Congress’s remedial purpose in enacting the statute. … Further, as amicus curiae National Cattlemen’s Association states, hedging only establishes a cattle owner’s “selling price per pound....

United States v. Daniel M. Edgar

304 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Sep 12, 2002

At the same time, the Court rejected the government’s contention that any funds distributed from federal coffers would qualify as benefits for purposes of the limitation established by § 666(b). … The report also states that “the Federal Government clearly retains a strong interest in assuring the integrity of . . . program funds.” Id.

Willie M. Walker, Willie Rhoades and Bobbie P. Lowery v. The Jim Dandy Company

747 F.2d 1360 · Court of Appeals for the Eleventh Circuit · Dec 4, 1984

In doing so, the court held that appellants had not established that the class was so numerous that joinder of all members was impractical, or that questions of law or fact existed common to the class. … The Court based this holding on the fact that the named plaintiffs were not qualified for line-driver positions when the class was certified.

Mathis Kearse Wright, Jr. v. Sumter County Board of Elections and Registration

Court of Appeals for the Eleventh Circuit · Oct 27, 2020

McBride had failed to establish an available remedy at the liability phase. … The district court did not clearly err in relying on the quantity of data in Dr.

United Kingdom v. United States

Court of Appeals for the Eleventh Circuit · Jan 19, 2001

Indeed, Judge Elwen expressly recognized this fact by qualifying the ruling as to discoverability and making it “subject to any claim as to privilege, immunity, or otherwise as may be asserted by those with possession of … P. 16(a)(2) that “opinion work product enjoys almost absolute immunity” from discovery). We observe that some courts appear to have read Fed. R. Civ.

Alexander v. Hawk

159 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Nov 5, 1998

(citation omitted).7 5 Section 1983 creates a civil cause of action for any person deprived of any rights, privileges, or immunities, secured by the Constitution and laws, by another person acting under color of state … The removal of the qualifiers "plain, speedy, and effective" from the PLRA's mandatory exhaustion requirement indicates that Congress no longer wanted courts to examine the effectiveness of administrative remedies but

Kenneth R. Hochstein v. Jerry L. Demings

Court of Appeals for the Eleventh Circuit · Feb 7, 2018

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Thus, whether Officer Graves is entitled to qualified immunity hinges on whether Plaintiff can show (1) a constitutional violation (2) that was clearly established at the time of his arrest and prosecution.

Jeff Peppers v. Cobb County, Georgia

835 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Aug 25, 2016

We have held that when evaluating whether a defendant would qualify as an employer who is subject to the terms of the Equal Pay Act, a court should consider among others, these basic factors: whether the employment took … Clearly, the presumption of separation applies.