Case law

Harvey O.J. Simpson, Sr. v. Coffee County School District

703 F. App'x 718 · Court of Appeals for the Eleventh Circuit · Jul 10, 2017

A Vickers is entitled to qualified immunity on Mrs. … Simpson’s excessive-force claim. 2 “Qualified immunity protects government officials performing discretionary functions from . . . liability if their conduct violates no clearly established . . . constitutional rights

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.

United States v. Darin Underwood

446 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Apr 25, 2006

The CD’s contained conversations clearly implicating Underwood in criminal activity. … The district judge overruled the defense objection, finding that Darryl did qualify as a co-conspirator and that Crawford did not bar admission of the evidence: “And I think clearly based on what I’ve heard so far, the

Warren Lee Hill, Jr. v. Carl Humphrey

662 F.3d 1335 · Court of Appeals for the Eleventh Circuit · Nov 22, 2011

Louisiana, 552 U.S. 472, 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008), “clearly established” that rule and on that basis granted federal habeas relief. Id. at 1173-74. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.” Knowles v.

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.

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.

Donald L. Owen v. State of Alabama, Willie E. Johnson, Warden

849 F.2d 536 · Court of Appeals for the Eleventh Circuit · Jul 13, 1988

Even if we were to find that Owen’s statement was not a clear invocation of the right to counsel, it qualifies, at a minimum, as an equivocal request for an attorney. … To qualify as harmless, an error must not contribute to the defendant’s conviction. Chapman, 386 U.S. at 23 , 87 S.Ct. at 827 ; Cape, 741 F.2d at 1294 .

United States v. Bechir Delva

922 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Apr 29, 2019

First, Detective Sealy was qualified to testify competently regarding the terminology used in this type of fraud based on his training and experience. … Detective Sealy clearly was an experienced agent with specific and substantial exposure to “stolen identity refund fraud.”

United States v. Michael Jerome Files

Court of Appeals for the Eleventh Circuit · Mar 24, 2023

Qualified-immunity cases are illustrative. … estab- lished”—and, therefore, that the official is entitled to immunity.

Christi L. Moore v. Jo Anne B. Barnhart

405 F.3d 1208 · Court of Appeals for the Eleventh Circuit · Apr 12, 2005

The social security regulations establish a five-step evaluation process, which is used to determine disability for both SSI and DIB claims. McDaniel v. … Moore cites to decisions of this court requiring that the ALJ clearly articulate the reasons for giving less weight to the testimony of a treating physician. MacGregor v. Bowen, 786 F.2d 1050, 1053 (11th Cir. 1986).

United States v. Ellisa Martinez

736 F.3d 981 · Court of Appeals for the Eleventh Circuit · Nov 27, 2013

(suggesting speech qualifies as intimidation when it is “intended to create a pervasive fear in victims that they are a target of violence” (emphasis added)). … In rejecting the same reading of Black that Martinez urges on us, the Third Circuit clearly and precisely explained why that decision did not alter the well-established understanding of the true threats doctrine.

Executive 100, Inc. v. Martin County

922 F.2d 1536 · Court of Appeals for the Eleventh Circuit · Feb 7, 1991

A defendant who enjoys official immunity from suits for damages may, however, be subject to suits for prospective injunctive relief. Pulliam v. … Based upon the law of this circuit and the failure of appellants to allege facts sufficient to raise a substantial federal question or to establish ripeness, it is clear that appellants have established no right to relief

Hester v. International Union of Operating Engineers

941 F.2d 1574 · Court of Appeals for the Eleventh Circuit · Sep 20, 1991

The remaining applicants considered for appointment are divided into three groups: outstanding, well-qualified, and qualified.... … The remaining applicants considered for appointment are divided into three groups: outstanding, well-qualified, and qualified.

United States v. Donald Louis Monroe

866 F.2d 1357 · Court of Appeals for the Eleventh Circuit · Mar 2, 1989

The government concedes that Jerni-gan’s testimony regarding Cindy Luke’s statements did not qualify as statements against her penal interests. … Coupling the evidence with the statements by Jernigan and DeMoss, the government argues that Monroe’s intent to conspire and attempt to manufacture methamphetamine is clearly established. See United States v.

Aetna Insurance Company v. Thomas Meeker, Aetna Insurance Company v. Thomas Meeker, and Peter G. Williams, Thomas Meeker, and Peter G. Williams v. Aetna Insurance Company A/K/A Cigna Property and Casualty Insurance Company

953 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

Meeker's opposition to Aetna's motion for summary judgment did not address whether the salvors were Aetna's agents or whether they were qualified. … We agree with the district court that Meeker's opposition to Aetna's motion for summary judgment and the district court's findings at the Rule 11 hearing establish that Williams' assertion of Meeker's negligent salvage counterclaim

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.

United States v. Peter E. Clay

832 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Aug 11, 2016

Abundant evidence established that Staywell and HealthEase reported false and fraudulent CY 2006 expenses. … This is because “no Medicare regulation, administrative ruling, or judicial decision exist[ed] that clearly require[ed] interest expense to be reported in accordance with the original use of the loan” as opposed to the

Nicholson v. Gant

816 F.2d 591 · Court of Appeals for the Eleventh Circuit · May 7, 1987

and good faith immunity. … The record reveals that Nicholson clearly expressed her desire not to read the prepared statement at the political rally.

Johnny Swanson, III v. The State of Alabama

490 F.3d 894 · Court of Appeals for the Eleventh Circuit · Jun 29, 2007

In order to establish standing, a plaintiff must show “a fairly traceable connection between the plaintiff’s injury and the complained-of conduct of the defendant.” See Charles H. Wesley Educ. Found., Inc. v. … The filing deadline on the primary election date clearly serves this interest because a losing candidate in a major party primary could not qualify on the same day as an independent candidate.

Phillip C. Ex Rel. A.C. v. Jefferson County Board of Education

701 F.3d 691 · Court of Appeals for the Eleventh Circuit · Nov 21, 2012

Lastly, the Board argues that even assuming that 34 C.F.R. § 300.502 is valid, the IEE here does not qualify for reimbursement. … Baxter Int’l, 345 F.3d 866, 887 (11th Cir. 2003).8 Accordingly, Congress has clearly evinced its intent that parents have the right to obtain an IEE at public expense.