Case law

Kelvin Leon Jones v. Governor of Florida

950 F.3d 795 · Court of Appeals for the Eleventh Circuit · Feb 19, 2020

the criminal process would qualify. … “Florida law clearly favors (where possible) severance of the invalid portions of a law from the valid ones.” Solantic, LLC v.

Jacqueline Lewis v. City of Union City, Georgia

918 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Mar 21, 2019

While Lewis’s standard is clearly too lenient, the City’s is too strict—or at least has the appearance of being too strict. … And the plaintiff can show pretext if she establishes that the employer has failed to clearly articulate and follow its formal policies. See Hinson v. Clinch Cty., Ga.

Czarina, L.L.C. v. W. F. Poe Syndicate

358 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Feb 4, 2004

The failure of a party to satisfy article IV’s requirements qualifies as one of the “grounds for refusal or deferral . . . specified in the said Convention,” id., because the Convention uses mandatory language in establishing … Supp. 2d at 1232, and Czarina does not contend that this finding was clearly erroneous.

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.

Florida Department of Revenue v. Daniel Rodriguez

367 F. App'x 25 · Court of Appeals for the Eleventh Circuit · Feb 22, 2010

The bankruptcy court’s factual determinations are subject to review under the clearly erroneous standard. Id. A district court is not authorized to make independent factual findings. Id. … Finally, the State argues that Eleventh Amendment immunity protects it from liability.

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 .

Roderick McKissick v. Warden

587 F. App'x 567 · Court of Appeals for the Eleventh Circuit · Sep 29, 2014

The defendants alternatively contended they were entitled to qualified immunity, because they were acting within their discretionary authority, and their alleged actions did not violate clearly established law. … McKissick also challenged the defendants’ claim to qualified immunity.

73 Fair empl.prac.cas. (Bna) 232, 71 Empl. Prac. Dec. P 44,793, 10 Fla. L. Weekly Fed. C 731 Darrell Combs v. Plantation Patterns, Meadowcraft Company, and Sam Blount Company, Inc., Meadowcraft, Inc.

106 F.3d 1519 · Court of Appeals for the Eleventh Circuit · Feb 20, 1997

Id. at 921. 56 Thus Hairston, our first decision on this issue following Hicks, clearly held that one way a plaintiff may succeed in establishing discrimination is by showing that the employer's proffered explanations are … See 100 F.3d at 1068 -72 11 To establish a prima facie case of discriminatory failure to promote, a plaintiff must prove: (1) that he is a member of a protected class; (2) that he was qualified for and applied for the promotion

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.

J. D. Nettles, Jr. v. City of Leesburg

415 F. App'x 116 · Court of Appeals for the Eleventh Circuit · Dec 22, 2010

However, as this Court explained in Randall, a heightened pleading standard for § 1983 cases involving qualified immunity was overruled by the Supreme Court in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). … “‘Rule 38 sanctions have been imposed against appellants who raise ‘clearly frivolous claims’ in the face of established law and clear facts.’” Farese v.

EEOC v. Joe's Stone Crabs, Inc.

220 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Aug 4, 2000

We find that Joe’s procedural arguments clearly lack merit. … In my view, however, the EEOC clearly proved that the available qualified labor pool of food servers was 31.9% women.3 Joe’s Stone Crab, 2 After finding that the EEOC established a prima facie case, the district

Sutton v. Escambia County Board of Education

809 F.2d 770 · Court of Appeals for the Eleventh Circuit · Feb 12, 1987

The City of Brewton has taken advantage of the Alabama law which permits a city to establish its own school system. … The Court held that the facts, established on summary judgment, clearly showed a substantial interest of the city residents in the operation of the county school system and no domination of the elections by such residents

United States v. Lenwood Lewis White, United States of America v. Terry Joe Tucker, United States of America v. William Johnny Mason, Roger David Handley, David Lee Kelso, and Ray Winford Steele, United States of America v. William David Riccio, United States of America v. Ricky Lynn Creekmore, United States of America v. David Lee Kelso

846 F.2d 678 · Court of Appeals for the Eleventh Circuit · Jun 7, 1988

immunity on behalf of the Government, and that the sole purpose of the civil action was to obtain evidence for the criminal prosecution. … The Griffin court reasoned that "[t]he thorough involvement of the city in the details of the parade, and the city's close supervision and control of the march, qualifies this parade as having been 'administered' by the city

Lonnie Howard v. Mr. Leoneal Davis, Donald Siegelman

815 F.2d 1429 · Court of Appeals for the Eleventh Circuit · May 4, 1987

After the appointment of counsel the petition was amended to allege the same fourteen grounds of error that had been asserted in the previous petition, plus an additional claim directed at the state’s failure to appoint a qualified … From the record before us we cannot say that this is a clearly erroneous finding of fact by the district court.

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

Tampa Bay Shipbuilding & Repair Co. v. Cedar Shipping Co.

320 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Feb 5, 2003

The record below established that in addition to Mr. Corradi, the Owner’s Representative consisted of some “Certification Class” personnel. … They are whether the district judge: (1) improperly admitted lay opinion testimony under the recently amended Federal Rules of Evidence 701; (2) made clearly erroneous findings of fact as to the reasonable costs and time

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit · Jun 10, 2022

To be sure, the Supreme Court has emphasized these prin- ciples in cases with vague statutes that did not clearly identify the conduct that violated them or the potential sentence upon convic- tion. … Guillen establishes that the enumerated categories of “con- trolled substances” in Florida’s drug Schedules are alternative “ele- ments.”

Corines v. Broward County Sheriff's Department

326 F. App'x 493 · Court of Appeals for the Eleventh Circuit · Apr 14, 2009

The officers asserted the defense of qualified immunity and argued that they had probable cause and, in the alternative, arguable probable cause, to arrest Corines. … denial of summary judgment based on qualified immunity.’”

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

Auto Cargo, Inc. v. Miami Dade County

237 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Jan 8, 2001

Although the facts in this case are different, the framework established in Michelin for assessing the constitutionality of an exaction under the Import-Export Clause is clearly a general one and not restricted simply … The cases Auto Cargo cites to involve challenges under the Commerce Clause, the Export Clause, and the implied immunity of state governments from federal taxation.