Case law

United States v. Qadir Shabazz

887 F.3d 1204 · Court of Appeals for the Eleventh Circuit · Apr 18, 2018

The district court did not clearly err. B. … The district court did not clearly err.

Robert W. Otto v. City of Boca Raton, Florida

41 F.4th 1271 · Court of Appeals for the Eleventh Circuit · Jul 20, 2022

And licensed professionals who perform talk therapy now operate with effective immunity, however deeply below the standard of care their ther- apy sinks. … So healthcare professionals’ expertise, knowledge, research, and standards establish the applicable standard of care and set the threshold for research establishing that a technique is not shown to work and that it significantly

United States v. Tagg

572 F.3d 1320 · Court of Appeals for the Eleventh Circuit · Jun 30, 2009

. § 5841(a) (establishing the central registry). … However, the jury clearly did not believe their testimony, and Tagg offers no reason on appeal why we should disturb the jury’s credibility determination.3 See United States v.

Williams v. City of Dothan

745 F.2d 1406 · Court of Appeals for the Eleventh Circuit · Nov 5, 1984

Although some of those who would qualify for membership in the class may have failed to protest the assessments, many others did so persistently and vigorously from the time the maximum assessments were first announced. … While we express no opinion as to the merits of their claim, we believe that a disputed factual question is clearly present here and summary judgment is therefore inappropriate. 9 III.

United States v. James Willis Saget, Julius Phillip Hall, Herbert Nathaniel Johnson, Lamar Roberson

991 F.2d 702 · Court of Appeals for the Eleventh Circuit · May 26, 1993

The evidence of Hall’s involvement in the cocaine conspiracy establishes the requisite business enterprise element. … Therefore, application of the two point enhancement was not clearly erroneous.

In re Coffman

766 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Sep 4, 2014

As an initial matter, Coffman filed his application under both sections 1734 and 1735, but he clearly falls outside of the ambit of section 1735. … interested person[s]’ who may invoke § 1782” and that, “[g]iven the[] participation rights” of the person who triggered the complaint, he “possessed] a reasonable interest in obtaining judicial assistance, and therefore qualified

Wayne v. Jarvis

197 F.3d 1098 · Court of Appeals for the Eleventh Circuit · Dec 8, 1999

In addition, the court denied the deputy sheriffs’ claim that they were entitled to qualified immunity on Wayne’s § 1983 claims against them in their individual capacities. … We have emphasized that: [t]o establish a policy or custom, it is generally necessary to show a persistent and wide-spread practice.

Fior Pichardo De Veloz v. Miami-Dade County

Court of Appeals for the Eleventh Circuit · Nov 21, 2018

Pichardo’s clearly established constitutional rights and were entitled to qualified immunity. … Wilson, 311 F.3d 1340, 1350 (11th Cir. 2002) (recognizing that “fair and clear notice” is the cornerstone of the qualified immunity analysis). There are several ways to assess whether a right is clearly established.

McKee v. Sullivan

903 F.2d 1436 · Court of Appeals for the Eleventh Circuit · Jun 22, 1990

(CCH) ¶ 15,850 (S.D.Fla.1984) (probate court record of death is clearly “other convincing evidence” under 20 C.F.R. § 404.720 (c)); Hizer v. Harris, Unempl.Ins.Rep. … (evidence of death in fact required by 404.720(c) and probate court order does not qualify); Miller v.

United States v. Francisco Suarez

313 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Dec 3, 2002

He also stated that the government afforded his girlfriend immunity from prosecution as a result of his informant work. … The record clearly reflects that F.

United States v. Bobby Gene Hayes, and Joseph Ward

676 F.2d 1359 · Court of Appeals for the Eleventh Circuit · May 24, 1982

Our examination of the established core of purposes and principles encircling the double jeopardy guarantee bolsters the government’s position further still. … The record shows clearly that the trial judge was not aware of the extent of Ward’s efforts to deceive other law enforcement officials until such evidence was introduced during the second trial.

United States v. Frank J. Vadino, Elio Perez-Herrera, Ivan L. Stephans, Eduardo Comesana, Ralph Natale

680 F.2d 1329 · Court of Appeals for the Eleventh Circuit · Jul 19, 1982

Stephans’ participation in the conspiracy was established by overwhelming evidence independent of the Perez-Herrera statements. … The affidavit supporting the search warrant sufficiently established probable cause. IV.

United States v. Burson Augustin

661 F.3d 1105 · Court of Appeals for the Eleventh Circuit · Nov 1, 2011

Thus, in determining whether a proffered expert is qualified under Rule 702, trial courts must consider whether: (1) the expert is qualified to testify competently regarding the matters he intends to address … We reject Batiste’s and Abraham’s assertion that the district court erred in qualifying Agent Young as an expert.

Tawana Michelle Dickey v. Dollar General Corp.

351 F. App'x 389 · Court of Appeals for the Eleventh Circuit · Oct 30, 2009

“In order to establish a prima facie case of discrimination under the ADA, [a plaintiff] must demonstrate that [she] (1) is disabled, (2) is a qualified individual, and (3) was … Here, the district court properly concluded that Dickey failed to establish a prima facie case of discrimination.

Daniels v. Twin Oaks Nursing Home

692 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Dec 6, 1982

First, the conduct complained of must have deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States.' … Dodson, supra, and other cases, the facts of the present case clearly indicate that there is no state action.

George Johnson v. Board of Trustees

191 F. App'x 838 · Court of Appeals for the Eleventh Circuit · Jun 30, 2006

The district court found that the Board of Trustees was entitled to qualified immunity and granted summary judgment for the § 1983 claims, but found that Baker, Cope, and Cook were not entitled to qualified immunity and … In order to establish a prima facie case of disparate treatment in the failure-to-promote context, a plaintiff must show that (1) he is a member of a protected class; (2) he applied and was qualified for the promotion;

Wooten v. Quicken Loans, Inc.

626 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Nov 23, 2010

We cannot conceive of a circumstance in which the charging of loan discount points would qualify under our definition of “service.” … The district court dismissed Count II on the ground that the complaint’s allegations failed to establish that Quicken breached its contracts with the Wootens and Buckhaults. We affirm the court’s ruling.

Morris v. Crow

117 F.3d 449 · Court of Appeals for the Eleventh Circuit · May 21, 1997

In November 1992, Morris was transferred to patrol duty, 1 The defendants also raise on appeal issues concerning qualified immunity, jury instructions, punitive damages, and remittitur. … Morris' conduct at the polling place is clearly of the kind that "impairs discipline by superiors or harmony among coworkers, [or] has a detrimental impact on close working relationships for which personal loyalty and confidence

Ms. Serpentfoot v. Rome City Commission

426 F. App'x 884 · Court of Appeals for the Eleventh Circuit · May 20, 2011

Sectarian prayers offered before the opening of legislative meetings do not violate the Establishment Clause, unless the prayers were meant to advance any religion or to disparage another religion. See Pelphrey v. … immunity -- that we need not decide now.

United States v. Kifah Wael Jayyousi

657 F.3d 1071 · Court of Appeals for the Eleventh Circuit · Sep 19, 2011

not support a conclusion that this finding was clearly erroneous. … Conclusion The old adage that “hard facts make bad law” is clearly evident here.