Case law

Karen J. Kilpatrick vs USA

Court of Appeals for the Eleventh Circuit · Jun 29, 2011

Karen Kilpatrick appeals the district court’s grant of summary judgment in favor of the defendants on the basis of qualified immunity. … genuine issue of material fact as to whether a constitutional violation occurred, and even assuming that Kilpatrick’s First Amendment rights were violated, the officers’ actions were not contrary to clearly established

Freeman v. Cavazos

939 F.2d 1527 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

The Rehabilitation Act was primarily a funding statute, but it also contained an antidiscrimination section that provided: No otherwise qualified handicapped individual ... shall, solely by reason of his handicap, be excluded … The ALJ made the findings required by the statutes and regulations, and those findings were not clearly erroneous.

United States v. Baxter International, Incorporated

345 F.3d 866 · Court of Appeals for the Eleventh Circuit · Sep 15, 2003

If so, the court's inquiry is at an end, for it must honor Congress' clearly expressed intent. … This type of self-insurance is popular among governmental entities as a result of statutory immunity or costs.

United States v. Eduardo Ignancio Munio

909 F.2d 436 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

In establishing that Wilson’s offense level should reflect his involvement with over 500 grams of cocaine base, the district court relied on testimony of Wilson’s co-defendants. … In this circuit, preponderance of the evidence is clearly sufficient. C. Acceptance of Responsibility.

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.”).

United States v. Veal

153 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Sep 4, 1998

Even in the case of statutorily immunized testimony, the “Court has never held . . . that the Fifth Amendment requires immunity 18 statutes to preclude all uses of immunized testimony … use immunity.

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.

In Re Freeman

923 F.2d 1434 · Court of Appeals for the Eleventh Circuit · Jan 29, 1991

Dekalb claims that the EHA, not section 504, establishes this substantive right. … Technological advances can be expected to enhance opportunities to rehabilitate the handicapped or otherwise to qualify them for some useful employment.

Nicholas D. Lengen v. Department of Transportation, National Transportation Safety Board, and Federal Aviation Administration, Administrator

903 F.2d 1464 · Court of Appeals for the Eleventh Circuit · Jun 25, 1990

Accordingly, we find the district court’s conclusion that Lengen had to take the course in order to be hired to be clearly erroneous. … The FAA "Qualification Standards" document states: Under the authority of Public Law 92-297, a maximum age limit has been established for positions in the Terminal and Center specializations in the Department of Transportation

Nathaniel Brown v. J.L. Abercrombie

151 F. App'x 892 · Court of Appeals for the Eleventh Circuit · Sep 30, 2005

The district court entered summary judgment for Abercrombie, holding that she was entitled to qualified immunity since the arrest warrant was supported by arguable probable cause and that this was sufficient to establish … Furthermore, he argues that Abercrombie should have conducted an investigation of the gas receipt.1 In order to be entitled to qualified immunity in this case, Abercrombie need only show that the arrest warrant was

Colin A. Edwards v. Bryan C. Shanley

580 F. App'x 816 · Court of Appeals for the Eleventh Circuit · Sep 25, 2014

In December 2010, Shanley and Lovett moved for summary judgment on qualified immunity grounds, and the district court granted their motions. … On appeal, this Court reversed, determining that neither officer was entitled to qualified immunity. Edwards v. Shanley, 666 F.3d 1289, 1298 (11th Cir. 2012).

Betty Wade v. Georgia Correctional Health, LLC

Court of Appeals for the Eleventh Circuit · Dec 23, 2024

The district court granted summary judgment to all five de- fendants on the ground that they were entitled to qualified immun- ity. … established.”

Covad Communications Co. v. BellSouth Corp.

374 F.3d 1044 · Court of Appeals for the Eleventh Circuit · Aug 2, 2002

Act does not provide an ‘implicit immunity’ from the antitrust laws.’” … An assessment of intent is critical in determining whether an accused monopolist’s actions qualify as anti-competitive conduct. Id. at 106-07; accord United States v.

Willie Mae Campbell v. Michael Lynch

264 F. App'x 836 · Court of Appeals for the Eleventh Circuit · Feb 7, 2008

The district court next concluded the rights appellants violated were clearly established at the time of the incident. … Because appellants violated clearly established law of which a reasonable person would have known, the district court concluded they were not entitled to qualified immunity from suit.

Jim Barrett v. Walker County School District

872 F.3d 1209 · Court of Appeals for the Eleventh Circuit · Oct 2, 2017

As such, the policy creates a limited public forum for qualified speakers during the public comment session of Board meetings. … The panel opinion thus rec-' ognizes, and the case law clearly establishes, that content-based discrimination is permissible in a limited public forum as long as viewpoint neutrality is maintained.

Recomm Operations, Inc. v. Raymond Manklow

Court of Appeals for the Eleventh Circuit · Apr 6, 2001

See In re Blackwood Assocs., L.P., 153 F.3d 61, 67 (2d Cir. 1998) (“[W]e review the district court’s affirmance of the bankruptcy court in accordance with our well established standards of review. … As the bankruptcy court noted, the facts of this case were essentially undisputed, and, even when viewed in the light most favorable to the Debtors, are insufficient as a matter of law to establish that the Debtors owned

Rita Patricia Keefe v. Bahama Cruise Line, Inc., a Foreign Corporation

867 F.2d 1318 · Court of Appeals for the Eleventh Circuit · Mar 15, 1989

However, the Court did not discard status concepts from the law of maritime torts, carefully qualifying its holding with the observation that in admiralty “the meaningful categories are quite different.” … Whether the established facts give rise to an estoppel is a question of law reviewable on appeal. Teamsters Local 348 Health & Welfare Fund v.

Baker County Medical Services, Inc. v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 14, 2014

The district court dismissed the quantum meruit count as barred by sovereign immunity, and the Hospital concedes that this claim fails as a matter of law. 2  Case … B Neither Medicare nor EMTALA establishes the reimbursement rate for emergency services provided to federal detainees.