Case law

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.

State of Florida v. U.S. Department of HHS

Court of Appeals for the Eleventh Circuit · Aug 12, 2011

Insurers must establish “special enrollment periods for ‘qualifying events.’” Id. § 300gg-1(b)(2). … § 18022(e), (c)(1). 44 HHS establishes the criteria for certification of insurance plans as “qualified health plans” and develops a rating system to “rate qualified health plans offered through an Exchange

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

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.”

Dresdner Bank AG v. M/V Olympia Voyager

463 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Sep 8, 2006

Standards of Review This court reviews the factual findings of a district court sitting without a jury in admiralty under the clearly erroneous standard, and its conclusions of law de novo. … There is no indication here that the preferred ship mortgage was a sham, or that the Banks’ actions qualified as inequitable under any of the above categories.

Jonathan Michael Burton v. Dr. G. Espino

Court of Appeals for the Eleventh Circuit · Aug 25, 2026

Espino hasn’t raised a qualified-immunity defense, either in the district court or on appeal. … It is well established that inmate grievances qualify for First Amendment protection. See, e.g., id. (observing that “grievances constituted protected speech”); see also Christmas v.

United States v. Wade Anthony Drummond

240 F.3d 1333 · Court of Appeals for the Eleventh Circuit · Feb 21, 2001

To invoke this exception, however, we have placed the burden on the detainee to establish that the “primary or exclusive purpose of the civil detention was to hold him for future prosecution.” … We are convinced that Drummond’s prior conviction for menacing clearly satisfies the “crime of violence” component of the definition of aggravated felony.

Johnson v. Governor of Florida

353 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Dec 19, 2003

of record be qualified to vote at any election unless restored to civil rights. … The two provisions for criminal disenfranchisement enacted in 1868 read: No person under guardianship non compos mentis, or insane, shall be qualified to vote at any election, nor shall any person convicted of felony be qualified

United States v. Webb

139 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Apr 30, 1998

As noted, § 4B1.1 establishes that a defendant qualifies as a career offender if, inter alia, he has at least two prior felony convictions that constitute crimes of violence. … The record also makes evident the attempt of both the government and defense counsel to "clean up the record" and extract from the court a statement clearly indicating its position with respect to whether a departure was

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.

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.

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

Electro Services, Inc. v. Exide Corporation

847 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Jun 28, 1988

Florida law guides our analysis: We recognize the general rule that an owner of property is qualified as such to testify to the value of his property, whereas officers of corporations do not qualify on the same basis. … As set forth above, Florida law clearly provides that inability to give the precise amount of damages does not preclude recovery when substantial damages were suffered.

Robert Williams v. DeKalb County

327 F. App'x 156 · Court of Appeals for the Eleventh Circuit · May 6, 2009

Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation. 2 qualified and official immunity barred them. … The district court also reasoned that Williams had abandoned his § 1983 claim against Graham by not responding to the argument that qualified immunity barred it, and on that basis the court granted summary judgment for

Cedric James Bell v. Deputy Warden Vickie Brown

Court of Appeals for the Eleventh Circuit · Sep 19, 2018

Government officials performing discretionary functions are entitled to qualified immunity from being sued in their individual capacity unless their conduct “violates clearly established statutory or constitutional rights … was clearly established” at the time of the alleged violation.

Cambridge University Press v. J.L. Albert

Court of Appeals for the Eleventh Circuit · Oct 17, 2014

Congress established that doctrine to ensure that works created with new technologies, perhaps not in existence at the time of the Copyright Act of 1976, would qualify for copyright protection. See id. … Because this finding is not clearly erroneous, we will not disturb it.

Versiah Taylor v. United States

Court of Appeals for the Eleventh Circuit · Jan 7, 2019

To receive qualified immunity, officials first must establish that they were acting within the scope of their discretionary authority. Id. at 951. … If they do so, the burden shifts to the plaintiff to show that the officials were not entitled to qualified immunity both: (1) because they violated a constitutional right, and (2) because the violation was clearly established

Robert E. Noell, Jr. v. Bob White

198 F. App'x 858 · Court of Appeals for the Eleventh Circuit · Sep 13, 2006

“The defense of qualified immunity may be raised and addressed on a motion to dismiss and will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” Snider v. … established law, the doctrine of qualified immunity protects him.”).

Curtis Investment Company, LLC v. Commissioner of Internal Revenue

Court of Appeals for the Eleventh Circuit · Dec 6, 2018

A witness’s knowledge, training, skill, education, or experience may qualify her as an expert. Id. at 1260–61. … Experts may be qualified in various ways.

Estate of George Blount v. Comm. of IRS

428 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Oct 31, 2005

In this case, we conclude that the $6.75 million valuation for BCC is not clearly erroneous. … We accept the accuracy of this value as not clearly erroneous.