Case law

Anita C. Cooke v. Sgt. Randy Duane Brashears

Court of Appeals for the Eleventh Circuit · Nov 13, 2023

Brashears and Mayfield contend qualified immunity shields them 1 We review the district court’s grant of a motion to dismiss based on qualified immunity de novo. Chandler v. Sec. of Fla. … To survive a motion to dismiss,2 Cooke must have alleged sufficient facts to support a finding of a constitutional violation of a clearly established law. Chandler v. Sec. of Fla.

Elizabeth Anderson HISHON, Plaintiff-Appellant, v. KING & SPALDING, a Partnership, Defendant-Appellee

678 F.2d 1022 · Court of Appeals for the Eleventh Circuit · Jun 17, 1982

But it is clearly a voluntary association of lawyers for the purpose of practicing law as joint venturers. … We are aware that Calderon dealt with the classification of “employee” for purposes of establishing whether the plaintiff qualified in order to maintain an action under Title VII, whereas we are faced with whether the individual

Siegfried Christman v. Matthew Pietrzak

296 F. App'x 783 · Court of Appeals for the Eleventh Circuit · Oct 16, 2008

Eligibility for qualified immunity is a well-settled area of the law in this circuit. We have held that “[t]o be eligible for qualified immunity, ... … Pietrzak met the threshold requirement for qualified immunity – establishing that he was performing a discretionary function at the time the alleged violation of federal law occured.

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.

United States v. Robert William Green

873 F.3d 846 · Court of Appeals for the Eleventh Circuit · Sep 29, 2017

Thus, the above facts clearly support the jury’s finding that Defendant was aware of the presence of the firearm and ammunition. … The Micieli court emphasized, however, that “extrinsic evidence of a corroborative nature” can be used to establish the admission’s 4 In Bonner v.

Irene L. Stephens v. Ga. Dept. of Transportation

134 F. App'x 320 · Court of Appeals for the Eleventh Circuit · May 31, 2005

Sovereign Immunity The district court granted summary judgment to the DOT on Stephens’ § 1983, ADA, and ADEA claims after finding that the DOT had immunity pursuant to the Eleventh Amendment. … The district court found that Stephens failed to establish a prima facie case under Title VII and that even if she had established a prima facie case, the DOT came forward with a legitimate, non-discriminatory reason for

United States v. Ibnawaan Safeeullah

453 F. App'x 944 · Court of Appeals for the Eleventh Circuit · Jan 31, 2012

The government did not offer Alatif immunity and Safeeullah did not call him as a witness. … “The Government has no duty under the Sixth Amendment or otherwise to immunize witnesses for the benefit of the defense.

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.

Herman Darnell Baker v. Patrick J. Clements

Court of Appeals for the Eleventh Circuit · Feb 4, 2019

Fourth Amendment Excessive Force “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … To avoid summary judgment based on qualified immunity, Plaintiff must show both that Defendant Officers violated a federal right and that the right was already clearly established when Defendant Officers acted.

United States v. Robert Petrie

302 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Aug 22, 2002

Testimony from victims and members of the organization established that Petrie participated fully in the scheme and that he profited from it. … The district court did not clearly err in calculating the amount of money laundered given Petrie’s involvement in contacting clients and introducing them to the scheme to defraud them and his establishment of a company

Dolen E. Lindsey, Cross-Appellee v. American Cast Iron Pipe Company, Cross-Appellant

810 F.2d 1094 · Court of Appeals for the Eleventh Circuit · Feb 24, 1987

did not do so and neither of the parties offered additional evidence on the willfulness issue. *1099 Instead, the court applied the Thurston standard to its own, new findings of fact that were inconsistent with the facts established … The defendant is entitled to select one qualified employee over another equally qualified employee who the employer believes in good faith that the employee selected would do a better job, so long as this belief is not a

Vintson v. Anton

786 F.2d 1023 · Court of Appeals for the Eleventh Circuit · Apr 14, 1986

(In the 1982 general election, since the Sheriff was a candidate for relection he was replaced (in accordance with Ala.Code Sec. 17-16-3) by a qualified elector). … at bar as establishing the existence of the requirement of bipartisanship under Alabama law in connection with the appointment of election officials. 11 The same commitment to bipartisanship is discernible in Sec. 17-6-6

State of Georgia v. President of the United States

46 F.4th 1283 · Court of Appeals for the Eleventh Circuit · Aug 26, 2022

Thus, the Procurement Act very clearly grants to the President the authority to include in the contract pro- visions designed to result in the government work being per- formed by persons qualified to complete the work in … Because I believe the Procurement Act clearly authorizes the President’s actions here, I would hold that Appellees have failed to establish a substantial likelihood of success on the merits.

Schoenfeld v. Babbitt

168 F.3d 1257 · Court of Appeals for the Eleventh Circuit · Mar 4, 1999

Prima Facie Case In a traditional failure-to-hire case, the plaintiff establishes a prima facie case by showing that: (1) he was a member of a protected class; (2) he applied and was qualified for a position for … Finally, although clearly not direct evidence, there is Laumeyer's testimony that he felt pressured to hire a female applicant and he believed that if he had selected the female applicant, the recommendation would have

United States v. Pedro Diaz-Calderone

716 F.3d 1345 · Court of Appeals for the Eleventh Circuit · May 23, 2013

ANALYSIS “We review de novo whether a defendant’s prior conviction qualifies as a ‘crime of violence’ under the Sentencing Guidelines.”10 We review the district court’s findings of fact for clear error.11 As … The district court made a finding of fact, not clearly erroneous, that during his plea colloquy Diaz-Calderone “assented to the facts which would make this a violent offense.”

Keith Small v. Glynn County, Georgia

598 F. App'x 752 · Court of Appeals for the Eleventh Circuit · Mar 18, 2015

PER CURIAM: We affirm the district court’s grant of qualified immunity for the reasons articulated in its summary judgment order, Small v. Glynn Cnty., Ga., No. CV 212- 115, 2014 WL 4928877 (S.D. Ga. … Small “would be clearly unlawful given the circumstances.” See Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002). AFFIRMED. 2

Susan Liese v. Indian River County Hospital District

701 F.3d 334 · Court of Appeals for the Eleventh Circuit · Nov 13, 2012

Thus, he clearly had the authority to remedy the failure. … App. 1990) (“At the very least, any regulation that purports to establish a duty of reasonable care must be specific. One that sets out only a general or abstract standard of care cannot establish negligence.”

Peners L. Griffin and Henry L. Dejerinett v. Richard L. Dugger, Etc.

823 F.2d 1476 · Court of Appeals for the Eleventh Circuit · Sep 23, 1987

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … This number alone, without inquiry as to the number of past and potential black employees, clearly indicates that the class members are too numerous to join.” .

Kentner v. City of Sanibel

750 F.3d 1274 · Court of Appeals for the Eleventh Circuit · May 8, 2014

Paulsen Florida Qualified Personal Residence Trust, Jerry’s Enterprises, Inc. (d.b.a. Jerry’s Foods, Inc.), Lowell T. … City of Bainbridge Island, 683 F.3d 1051, 1058 (9th Cir.2012) (holding that “to establish a substantive due process violation, the Samsons must show that Bainbridge’s ordinances establishing and extending the moratorium were

Rufus Harris, Jr., Bobby Minard, George C. Moore v. Birmingham Board of Education

712 F.2d 1377 · Court of Appeals for the Eleventh Circuit · Aug 22, 1983

. *1379 716, was clearly erroneous in its findings as to one appellant, we affirm in part, and reverse in part. … Once Moore had established a prima facie case, to rebut that presumption BOE had to clearly set forth, through the introduction of admissible evidence the reasons for Moore’s rejection.