Case law

Rimmer v. Secretary, Florida Department of Corrections

876 F.3d 1039 · Court of Appeals for the Eleventh Circuit · Nov 15, 2017

Whether clearly established federal law countenances the state court’s approach is of no moment. … Where the state court’s decision is not inconsistent with any clearly established federal law, we must defer to it under AEDPA.

Morstein v. National Insurance Svs.

74 F.3d 1135 · Court of Appeals for the Eleventh Circuit · Feb 12, 1996

The district court concluded that Morstein's claims "clearly relate to the employee benefit plan established by Graphic Promotions; therefore, those claims are preempted by ERISA." … , or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established

Hilton Germany v. Officer Slater

Court of Appeals for the Eleventh Circuit · Jan 12, 2024

Thus, the district court granted Officer Hall’s motion for summary judgment based on qualified immunity as to Count 1. … Accordingly, they were entitled to qualified immunity for their actions up until the time that Germany was prone on the ground.

Thomas McCroden v. Joel v. Bressett

668 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Sep 1, 2016

Under those assumed facts, summary judgment was properly denied because it is clearly established law in this circuit that “a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she … Accordingly, the district court properly denied the Officers qualified and statutory immunity at the summary judgment stage. AFFIRMED. 4

Elvester Goree v. City of Atlanta, Georgia

276 F. App'x 919 · Court of Appeals for the Eleventh Circuit · May 1, 2008

that Goree has pointed to facts that would constitute a constitutional violation, we have not proceeded with the requisite qualified immunity analysis that would otherwise protect these officers from liability under section … In Georgia, official or qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or

United States v. Donald Teague

953 F.2d 1525 · Court of Appeals for the Eleventh Circuit · Feb 26, 1992

The Faretta decision and subsequent opinions applying its holding clearly establish that the right to self-representation is qualified by practical constraints. … This circuit “require[s] an individual to clearly and unequivocally assert the desire to represent himself.” Cross, 893 F.2d at 1290 .

Medtronic, Inc., a Minnesota Corporation v. Bradley R. Janss and Cardiac Systems, Inc., a Georgia Corporation, Bradley R. Janss v. Medtronic, Inc.

729 F.2d 1395 · Court of Appeals for the Eleventh Circuit · Apr 16, 1984

The standard governing the enforceability of non-competition agreements under Minnesota law was established in Bennett v. … Minnesota case law does not establish a per se rule requiring the involvement of confidential information.

Georgia Manufactured Housing Ass'n v. Spalding County

148 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 6, 1998

BLACK, Circuit Judge: Spalding County, Georgia (County), amended its Zoning Ordinance to require that manufactured homes be built with a 4:12 roof pitch to qualify for placement in most residential districts. … The amendment established three classes of manufactured housing, two of which are relevant here.

United States v. Andre Michael Dubois

139 F.4th 887 · Court of Appeals for the Eleventh Circuit · Jun 2, 2025

An intervening Supreme Court decision abrogates our prec- edent only if the intervening decision is both “clearly on point” and “clearly contrary to” our earlier decision. Edwards v. U.S. … Rozier interpreted Heller as limiting the right to “law-abiding and qualified individuals” and as clearly excluding felons from those categories by referring to felon-in-possession bans as presumptively

Regions Bank v. Legal Outsource PA

936 F.3d 1184 · Court of Appeals for the Eleventh Circuit · Aug 28, 2019

court did not clearly designate it as such. … It found that out of 8,795 credit accounts established for single men, 176 defaulted (2%); while among 4,337 accounts established for single women, only 33 defaulted (0.75%).

Patricia Harris v. R.J. Reynolds Tobacco Company

981 F.3d 880 · Court of Appeals for the Eleventh Circuit · Nov 20, 2020

For starters, as we read its opinion, the Florida Supreme Court pretty clearly seemed to think that Della Vecchia had at least one—and quite possibly two— medical conditions that met both Engle class requirements. … We don’t include it in our analysis because it’s unclear whether hypertension is an Engle-qualifying medical condition. One qualifying medical condition is coronary heart disease, “including . . . blood vessel damage.”

Cornelius v. Town of Highland Lake

880 F.2d 348 · Court of Appeals for the Eleventh Circuit · Aug 10, 1989

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … We recognize that the defendants in this case raised the issue of qualified good faith immunity in this court.

Louis G. Weaver v. Mobile County

228 F. App'x 883 · Court of Appeals for the Eleventh Circuit · Apr 19, 2007

immunity, the district court did not refer to qualified immunity in its order. … The district court decided Plaintiff’s claims on the merits, rather than on the defense of qualified immunity. 4 The district court also noted that, to the extent Sheriff

United States v. Brijido Padilla-Reyes

247 F.3d 1158 · Court of Appeals for the Eleventh Circuit · Apr 23, 2001

. § 1326 (a)’s statutory maximum, the sentence violates the rule established by Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). … The Government concludes that § 800.04 clearly meets the plain meaning of “sexual abuse of a minor.” B.

Frank Battle, Sr. v. J. Ronnie Webb

298 F. App'x 882 · Court of Appeals for the Eleventh Circuit · Oct 31, 2008

Without addressing the timeliness of the action, the district court granted the motion to dismiss on qualified immunity grounds. … The Court then concluded that there could be no qualified immunity because the text of the Fourth Amendment specifically required particularity and, thus, the right was clearly established and the officer should have known

Tyler L. Brienza v. City of Peachtree City, Georgia

Court of Appeals for the Eleventh Circuit · Aug 30, 2022

The district court explained that a “retaliatory arrest claim [wa]s barred by qualified immunity” unless Brienza showed “that a reasonable officer would know that he lacked probable cause” under clearly established law. … Federal Claims “Qualified immunity protects government officials perform- ing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or consti-

United States v. Fernando Nino, Gabriel Nino, Najah Dawood Konja, Issam Hermiz, Hector Alvarez, Basil Mezy

967 F.2d 1508 · Court of Appeals for the Eleventh Circuit · Aug 6, 1992

offense level). 27 In this case, Kalasho died before the conspiracy ended, and Askar cooperated with the government in exchange for immunity. … Arguably, they could qualify as "those persons known and unknown to the Grand Jury" who participated in the conspiracy. However, this argument was rejected in United States v.

Christine C. Peterson v. Commissioner of IRS

827 F.3d 968 · Court of Appeals for the Eleventh Circuit · Jul 8, 2016

The adoption agreement provided it amended and restated the CP Plan, the previously established qualified plan of the employer, effective January 1, 2000. … The Petersons “failed to establish that [Peterson] qualified for an exemption to the [self-employment] tax” imposed on her 2009 deferred payments for the Family Program and Futures Program. Patterson, 740 F.2d at 929 .

Jimmy Allen Alewine v. City Council of Augusta, Georgia, C.D. Joiner, on Behalf of Himself and Others Similarly Situated v. City of MacOn

699 F.2d 1060 · Court of Appeals for the Eleventh Circuit · Mar 7, 1983

City of Cleveland, 598 F.2d 1033 (6th Cir.1979), the court determined that a municipal transit system, like the public airport in Amersbach , qualifies as a traditional function because (1) it benefits the whole community … City of Macon argues that Macon’s construction of National League immunizes from federal regulation virtually any essential activity performed by a governmental body.

Jean v. Nelson

727 F.2d 957 · Court of Appeals for the Eleventh Circuit · May 4, 1984

This is clearly not the case. … That the authority of the political branches in this area is plenary does not mean that it is wholly immune from judicial review.