Case law

Jeffrey Hill, Sr. v. Leandra Johnson

Court of Appeals for the Eleventh Circuit · Mar 4, 2025

Hill’s Counts I through IV are barred by judicial immunity The district court dismissed Hill’s first four claims based on judicial immunity. … See 28 U.S.C. §§ 1331 USCA11 Case: 23-12231 Document: 52-1 Date Filed: 03/04/2025 Page: 12 of 17 12 Opinion of the Court 23-12231 (establishing federal-question

United States v. Anthony Simmons

368 F.3d 1335 · Court of Appeals for the Eleventh Circuit · May 7, 2004

Finally, he argues that even if an upward departure was warranted, the extent of this particular upward departure was clearly unreasonable. … The guideline establishing the offense 6 levels for eavesdropping and other invasion-of-privacy offenses, U.S.S.G. § 2H3.1 (2001), does not provide for enhancements based on such

Gloria MILANO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

809 F.2d 763 · Court of Appeals for the Eleventh Circuit · Feb 12, 1987

It is hard to imagine that the good cause requirement could be construed so that a de minimus procedural default, as here, would not qualify. … However, when alleged symptom-related limitations are clearly out of proportion to physical findings (e.g., no clinical findings of severe neuoromuscular disorder, yet the individual alleges inability to stand, bend, or walk

Uri Dowbenko v. Google Inc.

582 F. App'x 801 · Court of Appeals for the Eleventh Circuit · Sep 5, 2014

Amazon.com, Inc., 456 F.3d 1316, 1321 (11th Cir. 2006) (recognizing that “[t]he majority of federal circuits have interpreted the CDA to establish broad federal immunity to any cause of action that would make service providers … As an initial matter, he has not alleged acts qualifying as “racketeering activity” under 18 U.S.C. § 1961(1), and hence has failed to allege a pattern of racketeering activity.

Ronald P. Anselmo and Kay W. Anselmo v. Commissioner, Internal Revenue

757 F.2d 1208 · Court of Appeals for the Eleventh Circuit · Apr 16, 1985

Undeniably, the Anselmos may not qualify for an increased valuation under this classic standard. … The taxpayer’s burden of proving that the Commissioner’s determination was arbitrary or erroneous is an outgrowth of the general rule that deductions are a matter of legislative grace and a taxpayer must clearly establish

Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz of North America, Inc.

32 F.3d 528 · Court of Appeals for the Eleventh Circuit · Sep 21, 1994

A licensee may file with the Department a complaint for a determination “that the proposed transferee is not a person qualified to be a transferee under this section.” Id. *532 b. … First, the statute is clearly designed to provide a remedy to an individual wronged by a licensee's violation of the Act.

Davis v. Jones

506 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Nov 8, 2007

application of, clearly established federal law. … established federal law as determined by the Supreme Court’s precedent in 1984.14 In ascertaining “clearly established Federal law” regarding the Due Process Clause for our § 2254(d)(1) analysis, we look to “the holdings

Philip Bowling v. U.S. Bank National Association

963 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Jun 23, 2020

But it’s important: the removal statutes establish the basis for federal jurisdiction in qualifying cases originally filed in state court. … Third, the Court compared the language of § 1441(a) to that of other removal provisions where Congress “clearly extended the reach of the statute to include parties other than the original defendant.” Id.

Bobby Huie v. Otis R. Bowen, Secretary of Health and Human Services, Fannie P. Alston v. Otis R. Bowen, Secretary of Health and Human Services, Willie C. West, Jr. v. Otis R. Bowen, Secretary of Health and Human Services, Arvetter D. Tucker v. Otis R. Bowen, Secretary of Health and Human Services, John D. McKibben v. Otis R. Bowen, Secretary of Health and Human Services, Mary A. Harris v. Otis R. Bowen, Secretary of Health and Human Services, Edna Norris v. Otis R. Bowen, Secretary of Health and Human Services, Richard F. Tucker v. Otis R. Bowen, Secretary of Health and Human Services, Jasper Smith v. Otis R. Bowen, Secretary of Health and Human Services, Aubrey L. Rogers, Cross-Appellant v. Otis R. Bowen, Secretary of Health and Human Services, Cross-Appellee. Katheryn L. Scott v. Otis R. Bowen, Secretary of Health and Human Services, Douglas Romine v. Otis R. Bowen, Secretary of Health and Human Services, John D. Moore v. Otis R. Bowen, Secretary of Health and Human Services, Charles L. Ford v. Otis R. Bowen, Secretary of Health and Human Services, Billy L. Bowers v. Otis R. Bowen, Secretary of Health and Human Services, Tommie D. Parker v. Otis R. Bowen, Secretary of Health and Human Services

788 F.2d 698 · Court of Appeals for the Eleventh Circuit · May 5, 1986

Congress must speak clearly to interfere with the historic equitable powers of the courts it has created. Porter, 328 U.S. at 399 , 66 S.Ct. at 1089 , 90 L.Ed. at 1337 . … Sec. 405 (g) operates as a waiver of sovereign immunity by giving the federal courts the right to review and modify or reverse the Secretary's decisions. See Wright v.

Reproductive Health Services v. Daryl D. Bailey

3 F.4th 1240 · Court of Appeals for the Eleventh Circuit · Jun 30, 2021

state laws in derogation of the Constitution,” and are therefore stripped of official immunity. … Ct. at 2311-14, 2316-18, 2320 (focusing on the number of abortion facilities which closed or did not qualify due to the challenged regulations).

Kenneth Henley v. Willie E. Johnson, Warden

885 F.2d 790 · Court of Appeals for the Eleventh Circuit · Sep 29, 1989

Other courts have refused to allow a "line of credit” against sentences for future crimes on the basis that it would provide a sense of immunity and an incentive to engage in criminal conduct. See Williams v. … that the trial judge was of the opinion that the authorities would release [Henley] to the State of Louisiana but [the judge] advised [Henley] that he could not guarantee this_” The magistrate concluded that Henley was clearly

United States v. Jessie J. Miller, Jr., Cross-Appellee, Jjm Trucking, Inc.

22 F.3d 1075 · Court of Appeals for the Eleventh Circuit · Jun 14, 1994

The instruction on money laundering is clearly flawed. … The court made no findings regarding the additional reduction and there is clearly no basis for it.

Luis Felipe Rodriguez, Jr. v. Broward Sheriff's

Court of Appeals for the Eleventh Circuit · Apr 26, 2007

of Rodriguez’s clearly established constitutional rights. … We thus held that the detectives were entitled to qualified immunity because they “had neither actual knowledge of the report nor a clearly established duty to ferret it out.” Id. at 1552.

Esmelda Ruiz v. U.S. Attorney General

73 F.4th 852 · Court of Appeals for the Eleventh Circuit · Jul 5, 2023

To qualify for cancellation of removal under § 1229b(b)(2), an alien must establish five prerequisites: (1) that she has been “battered or subjected to extreme cruelty” by a spouse or parent; (2) that … that Ruiz suffered doesn’t qualify.

Susan Porter v. Ricky L. Jewell

Court of Appeals for the Eleventh Circuit · Jan 27, 2012

Qualified immunity shields a government official sued in his individual capacity from liability for section 1983 claims if the official’s conduct did not “violate clearly established statutory or constitutional rights of … Because Porter failed to establish that Officer Jewell’s conduct resulted in a constitutional violation, Officer Jewell was entitled to qualified immunity.

Shuri Norris v. Detective N.D. Prescott

Court of Appeals for the Eleventh Circuit · Jun 12, 2019

“Because qualified immunity is a defense not only from liability, but also from suit, it is ‘important for a court to ascertain the validity of a qualified immunity defense as early in the lawsuit as possible.’” Id. … “Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Ferraro, 284 F.3d at 1194.

3m Health Care, Ltd. v. Richard R. Grant, Administrator, Pharmacy Program, Florida Department of Health and Rehabilitative Services, State of Florida

908 F.2d 918 · Court of Appeals for the Eleventh Circuit · Aug 13, 1990

The purpose of the act is simple and express: “[t]o provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and … requiring unnecessary regulation of goods in which it has no interest, it frustrates the goal of the Foreign Trade Zones Act. 4 Florida’s attempted regulation of 3M’s warehousing of pharmaceuticals destined for Latin America is clearly

Jabari Luckett v. Napolean Jones

Court of Appeals for the Eleventh Circuit · Jun 22, 2022

To receive qualified immun- ity, an officer need not establish actual probable cause, but only that he had “arguable probable cause” to arrest or prosecute. Id. at 1257 (quotation marks omitted). … immunity.

Holbrook v. City of Alpharetta

Court of Appeals for the Eleventh Circuit · May 22, 1997

In order to establish a prima facie case of discrimination in 1 Holbrook challenges the district court's order granting summary judgment in favor of the City of Alpharetta on his claims … has held that a plaintiff alleging a violation of a federal statute will be permitted to sue under section 1983 unless " "(1) the statute does not create enforceable rights, privileges, or immunities

79 Fair empl.prac.cas. (Bna) 330, 74 Empl. Prac. Dec. P 45,728, 75 Empl. Prac. Dec. P 45,728 Shari L. Lyes v. City of Riviera Beach, Florida, Cinthia Becton

166 F.3d 1332 · Court of Appeals for the Eleventh Circuit · Feb 11, 1999

When Lyes asked why she was not offered the position, she allegedly was told by a Board member that she was not qualified because of her sex. … conclude that it is clearly outweighed.