Case law

McKinley v. Kaplan

177 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Jun 14, 1999

In the instant case, pursuant to well- established precedent, the county is a proper defendant in a § 1983 action and can be liable for money damages. See Owen v. … The Second Circuit held that a money damages claim would have been substantively without merit because the state enjoyed Eleventh Amendment immunity, and the individual defendants would be protected by qualified immunity

Jeanne F. Martelli v. Sheriff Thomas Knight

Court of Appeals for the Eleventh Circuit · May 14, 2021

immunity.”). … We review de novo a grant of summary judgment based on qualified immunity. Cantu v. City of Dothan, 974 F.3d 1217, 1228 (11th Cir. 2020).

Brown v. United States

688 F. App'x 644 · Court of Appeals for the Eleventh Circuit · May 5, 2017

VOORHEES, District Judge: This appeal presents ■ two issues: (1) whether an intervening decision of the United States Supreme Court, or of this Court, permits Appellant James Joseph Brown to establish, through a 28 U.S.C. … Furthermore, Brown’s presentence report clearly reminded the district court of the stipulations in the plea agreement regarding the calculations of Brown’s Guidelines, and it was within the district court’s discretion to

United States v. Mendez

528 F.3d 811 · Court of Appeals for the Eleventh Circuit · May 21, 2008

The DA-348E form is a Department of Army “Operator Qualification Record” that sets forth the fitness, training and equipment qualifications of its personnel who have qualified to operate commercial motor vehicles. … The Court then held that the defendants’ convictions could only stand if the evidence was sufficient to establish that they conspired to cause Seminole to make misrepresentations to the REA. Id. at 132, 107 S.

Edwin R. Banks v. Secretary, Department of Health and Human Services

38 F.4th 86 · Court of Appeals for the Eleventh Circuit · Jun 21, 2022

We made “quick work of Banks’s first argument”—that “the violation of his statutory right to Medi- care coverage alone is sufficient to establish standing.” Id. at *2–3. … Accordingly, he has “failed to plausibly and clearly allege,” Thole, 140 S.

Aetna Insurance v. Meeker

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

United States v. Marcus Raqual Williams

435 F.3d 1350 · Court of Appeals for the Eleventh Circuit · Jan 13, 2006

The court specifically acknowledged that under our precedent in Gilbert, Williams qualified for the § 4B1.1 career offender enhancement and applied that enhancement. … The principles established from these cases are that when reviewing for reasonableness we must consider both the § 3553(a) factors and the reasons given by the district court.

ADMINISTRATIVE COMMITTEE FOR WAL-MART v. Horton

513 F.3d 1223 · Court of Appeals for the Eleventh Circuit · Jan 15, 2008

Werber, and Regions Bank, ruling that the Administrative Committee’s requested remedy did not qualify as “other appropriate equitable relief” cognizable under § 502(a)(3). … that a party may, by express [executory] agreement, create a charge or claim in the nature of a lien on real as well as on personal property of which he is the owner or in possession, and that equity will establish

O'Halloran v. Harris Corp. (In Re Teltronics, Inc.)

904 F.3d 1303 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018

Oscher, on the other hand, maintained that the contracts were “clearly seen as separate entities or separate assets of Teltronics,” as evidenced by the lending that was being done against the contracts. … A movant under Daubert “must establish that the district court ‘abdicat[ed]’ its duty, or that it ‘applie[d] the wrong law, follow[ed] the wrong procedure, base[d] its decision on clearly erroneous facts

United States v. Naomi Maitre

898 F.3d 1151 · Court of Appeals for the Eleventh Circuit · Aug 7, 2018

Smith” is not clearly erroneous. Ms. Maitre also challenges the District Court’s loss calculation. … Neither was there error in including driver’s licenses as those also qualify as “access devices.” See 18 U.S.C. § 1029(e)(1).

Alexis Antonio White v. The City of Atlanta, at Al

449 F. App'x 804 · Court of Appeals for the Eleventh Circuit · Dec 9, 2011

Second, White argues that Duncan was not entitled to qualified immunity, but the district court did not reach that issue because it determined that White failed to produce any evidence that “Duncan reached an agreement … Third, White argues that Duncan was not entitled to official immunity for his alleged violations of state law, but Duncan does not challenge the dismissal without prejudice of these claims.

De Cuellar v. Brady

881 F.2d 1561 · Court of Appeals for the Eleventh Circuit · Sep 1, 1989

In Real , the Secretary blocked an account which had been established by the decedent, a Cuban national. … We do not here hold that the sinking fund does not qualify as a trust as a matter of law.

Mark Bledsoe v. Palm Beach County Soil and Water Conservation District, Board of County Commissioners for Palm Beach County

133 F.3d 816 · Court of Appeals for the Eleventh Circuit · Mar 25, 1998

(b)(2) For the purposes of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to, … The court found that both Title II and the Rehabilitation Act “prohibit discrimination against an otherwise qualified individual with a disability.” Id. at 1264 .

Nedzad Miljkovic v. Shafritz and Dinkin, P.A.

791 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Jun 30, 2015

The FDCPA’s statutory text does not provide nor does it imply immunity for debt collection practices otherwise forbidden by the Act simply because those debt collection practices are directed at a consumer’s attorney or … In contrast to other provisions, § 1692c explicitly refers to the “consumer” and clearly and necessarily distinguishes “consumers” from “attorneys” and other third parties.

Matthew Friedson v. Sheriff David Shoar

Court of Appeals for the Eleventh Circuit · Nov 8, 2021

USCA11 Case: 20-14803 Date Filed: 11/08/2021 Page: 6 of 14 6 Opinion of the Court 20-14803 To establish entitlement to qualified immunity, an officer must first … Friedson thus bears the burden of showing that Deputy Wallace is not entitled to qualified immunity.

Brenda Phillips v. Smalley Maintenance Services, Inc., a Corporation, and Ray Smalley, Individually

711 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Aug 15, 1983

Other persons were hired soon after Phillips’ termination for positions she was qualified to fill and for which she had indicated an interest. … Under this definition an invasion of ‘psychological’ solitude, if such a state exists, is clearly not sufficient.”

Andrew T. Wilson v. Jo Anne B. Barnhart

284 F.3d 1219 · Court of Appeals for the Eleventh Circuit · Mar 6, 2002

Although evaluating a section by itself would not qualify Plaintiff as disabled, combining the effects of his impairments does categorize Plaintiff as disabled. … Although Wilson was clearly unable to sustain employment for a period exceeding 12 months beginning in February 1982, the record simply does not reflect that Wilson’s conditions and symptoms continued at a disabling level

United States Trustee Region 21 v. Bast Amron LLP

Court of Appeals for the Eleventh Circuit · Jun 23, 2023

We held that the 2017 Amendment properly applied to a case that was pending and confirmed prior to the Act’s enactment because Congress clearly expressed its intent to this ef- fect. … Trustee at oral argument affirmatively disavowed any sovereign immunity bar.

United States v. Land, Winston County

163 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Dec 31, 1998

Marshal not to seize the property may not necessarily immunize a warrant from due process concerns. See, e.g., Good, 510 U.S. at 54, 114 S.Ct. at 501 (relying on Connecticut v. … Here, Woods clearly identified excessive fines as an affirmative defense in her answer to the government's forfeiture complaint.

Walker v. CSX Transportation, Inc.

650 F.3d 1392 · Court of Appeals for the Eleventh Circuit · Aug 22, 2011

Yet, the question should be answered by the court as a matter of law “in plain and undisputed cases,” id. at 17–18, that is, in cases where “the evidence shows clearly and palpably that the jury could reasonably draw but … This, however, clearly would have been an unreasonable expectation to foist on Defendants given that there is no evidence even suggesting that the locking system was intended to function in that manner and, in turn, no reason