Case law

GeorgiaCarry.Org, Inc. v. The State of Georgia

687 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Jul 20, 2012

Ed. 2d 67 (1984) (“This Court’s decisions thus establish that ‘an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.’” (quoting Employees v. … The Court then establishes that this religious belief is sincerely held. Id.

Bridgette Frederick v. Sprint/united Management Company & Sprint Communications Company, L.P.

246 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Apr 18, 2001

Frederick attested that she was qualified for the promotion and that it should have been granted, automatically; however, Moore denied her request, telling her that she “needed to do more things.” … At summary judgment, the only evidence Frederick offered on this point was her own testimony that she was qualified for the Coordinator II position and was denied the promotion.

Jared S. Fox v. Robert Graff

276 F. App'x 936 · Court of Appeals for the Eleventh Circuit · May 6, 2008

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … “To overcome qualified immunity, the plaintiff must satisfy a two prong test; he must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged

Hollis B. Barron v. Federal Reserve Bank of Atlant

129 F. App'x 512 · Court of Appeals for the Eleventh Circuit · Apr 19, 2005

In a circumstantial evidence case, “[t]o establish a prima facie case of discriminatory failure to promote, a plaintiff [generally] must prove: (1) that he is a member of a protected class; (2) that he was qualified for … As the district court explained, Barron’s shot gun complaint did not clearly indicate what role any individuals within FRBA would have had in the alleged discrimination.

Kleiner v. First National Bank

751 F.2d 1193 · Court of Appeals for the Eleventh Circuit · Jan 31, 1985

Obviously, commercial speech commands no greater claim to immunity. … The Bernard case qualified as protected political expression under NAACP v.

Federal Trade Commission v. University Health, Inc.

938 F.2d 1206 · Court of Appeals for the Eleventh Circuit · Jul 26, 1991

The FTC clearly established a pri-ma facie case of anticompetitive effect. The proposed acquisition would significantly increase the concentration of an already highly concentrated market. See supra note 12. … Accordingly, the appellees’ acquisition is not entitled to immunity from the antitrust laws.

Gray v. North Georgia College

Court of Appeals for the Eleventh Circuit · Aug 21, 1998

The basic criteria for tenure at North Georgia include (1) excellence in teaching; (2) service; and (3) academic 1 Defendants’ motion for summary judgment on the grounds of immunity (11th Amendment and qualified) … But one’s reliance on a person’s “promises” to one specifically is quite different from relying on an established custom or general institutional understanding at the college.

Tisdale v. United States

62 F.3d 1367 · Court of Appeals for the Eleventh Circuit · Sep 6, 1995

Under an AMB contract, a real estate broker or other qualified individual agrees to arrange for and supervise the management, rehabilitation, and maintenance of certain properties that have been acquired by HUD. … Tisdale brought this suit under the FTCA which provides a limited waiver of sovereign immunity for actions against the United States involving injury or loss of property, or personal injury or death caused by

Narey v. Dean

32 F.3d 1521 · Court of Appeals for the Eleventh Circuit · Sep 26, 1994

Const, of 1983, Art. 4, § 3, ¶ 1 (establishing the State Personnel Board and providing for gubernatorial appointment of Board members). … The defendants' argument that the district court erred in denying them qualified immunity on the pretextual demotion claim is now moot, because we have disposed of that claim on the merits.

Federal Trade Commission v. University Health, Inc.

938 F.2d 1206 · Court of Appeals for the Eleventh Circuit · Jul 26, 1991

In subpart 2, we discuss the appellees' response to the FTC's case. 1. 32 The FTC clearly established a prima facie case of anticompetitive effect. … Accordingly, the appellees' acquisition is not entitled to immunity from the antitrust laws.

United States v. Jermayne Whyte

928 F.3d 1317 · Court of Appeals for the Eleventh Circuit · Jul 10, 2019

Castro cannot establish plain error for either instruction. … The parties agree that a smart-phone qualifies as a computer.

Ophine Giles v. Glenn Ireland

742 F.2d 1366 · Court of Appeals for the Eleventh Circuit · Oct 1, 1984

Giles argues on appeal that discrimination in the MHW-I, -II, and -III positions was clearly established in Frazer and that those discriminatory practices continued unabated at Partlow. … , was not clearly erroneous.

USA v., Alexander McQueen

727 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Aug 22, 2013

Dawkins maintains that the government introduced no evidence establishing a duty to report fights in the housing unit logs. … As described in the legislative history of § 3553(a)(2)(A): This purpose -- essentially the “just deserts” concept -- should be reflected clearly in all sentences; it is another way

Greenberg v. National Geographic Society

533 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Jun 30, 2008

To succeed, the CNG must qualify for the protection of the privilege extended by § 201(e). … Thus, a computer image of the photograph(s) at issue would clearly constitute a “display.”

Ralph H. Currie, Jr., and Carpets by Ralph Currie, Inc. v. Internal Revenue Service

704 F.2d 523 · Court of Appeals for the Eleventh Circuit · May 2, 1983

We hold that the court below did have a sufficient factual basis for its determination and that its determination was not clearly erroneous. … The district court concluded the IRS had established that the documents met both criteria. Because we conclude that this determination was not clearly erroneous, we affirm the court below.

United States v. Nael Sammour

816 F.3d 1328 · Court of Appeals for the Eleventh Circuit · Mar 16, 2016

Sammour cannot identify any precedent establishing that a constructive amendment occurs in this circumstance. … The district court did not clearly err when it found that Sammour had not accepted responsibility.

50 Fair empl.prac.cas. 1099, 51 Empl. Prac. Dec. P 39,295 Marcel Verbraeken, Cross-Appellant v. Westinghouse Electric Corp., Cross-Appellee

881 F.2d 1041 · Court of Appeals for the Eleventh Circuit · Aug 29, 1989

A plaintiff in a reduction-in-force case may establish a prima facie case (1) by demonstrating that he was in a pro *1046 tected age group and was adversely affected by an employment decision; (2) by showing that he was qualified … Verbraeken’s claim, clearly was used to depict an allegation that Mr.

Rose McCants v. City of Mobile

Court of Appeals for the Eleventh Circuit · Sep 27, 2018

Claims against Officer Chandler Officer Chandler reasserts on appeal that he is entitled to qualified immunity because his conduct did not “violate clearly established statutory or constitutional rights of which … Thus, the burden shifts to the plaintiffs to show that he was not entitled to qualified immunity because the facts as alleged show that Officer Chandler’s conduct violated a constitutional right and that right was clearly

James Michael Smith v. Secretary, U.S. Department of Commerce

495 F. App'x 10 · Court of Appeals for the Eleventh Circuit · Oct 30, 2012

Factual findings concerning subject matter jurisdiction made by the district court will be overturned only if clearly erroneous. Barnett v. Okeechobee Hosp., 283 F.3d 1232, 1238 (11th Cir. 2002). … Fausto, 484 U.S. 439 (1988), the Supreme Court “emphatically and conclusively established the preemptive nature of the CSRA.” Stephens v.

Duane Eugene Owen v. Florida Department of Corrections

686 F.3d 1181 · Court of Appeals for the Eleventh Circuit · Jul 11, 2012

as clearly established federal law for purposes of AEDPA. … established federal law.