Case law

Charles Barnett v. Okeechobee Hospital

283 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Feb 25, 2002

As we have noted elsewhere, “[t]he FTCA is a specific, congressional exception to the general rule of sovereign immunity [that] allows the government to be sued by certain parties under certain circumstances for particular … The envelope did not need to be stamped, because, as was clearly marked on it, the “postage [would] be paid by [the] Department of Veteran Affairs.”

Corey A. McDowell Bey v. Richard Vega

588 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Oct 17, 2014

McDowell Bey asserted Officer Vega also was not entitled to qualified immunity, because no arguable probable cause existed, and Officer Vega could not have acted in good faith. … Because the warrants were issued on April 30, 2009, they clearly were outstanding on May 7, 2009, when McDowell Bey was arrested.

United States v. Land

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

The photograph shows two “No Trespassing” signs – one faded and one clearly visible. R1-24-Exh. … 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. Doehr, 501 U.S. 1, 111 S.

United States v. Isaac Seabrooks

839 F.3d 1326 · Court of Appeals for the Eleventh Circuit · Oct 19, 2016

United States, 553 U.S. 137 , 128 S.Ct. 1581 , 170 L.Ed.2d 490 (2008), was clearly on point and abrogated United States v. … Gilbert, 138 F.3d 1371 (11th Cir. 1998), because it “clearly set forth a new standard” to evaluate which crimes qualify as violent felonies under the ACCA, even though Begay addressed a different crime than Gilbert).

Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corporation

695 F.3d 1215 · Court of Appeals for the Eleventh Circuit · Sep 20, 2012

We noted that “[i]n general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil … Without evidence of legislative intent in the “language or the legislative history” of chapter 489, we declined to recognize a private remedy against a qualifying agent. Id.

United States v. Alirio Hastamorir, Hernan Lopez, Antonio Ledezma

881 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Sep 1, 1989

We are not convinced that the district court’s finding that Lopez abandoned any standing to challenge the search of the Celebrity station wagon is clearly erroneous. … Agent Kirk, qualified as an expert at trial, testified that this document was a drug ledger. 2 .

Allen Stamps v. Gwinnett County School District

Court of Appeals for the Eleventh Circuit · Jun 4, 2012

Batlle's testimony did not establish that H.S., S.S., and J.S. had to be educated at home because they had a nonspecific immune deficiency. … Batlle testified that the children's immune deficiency did not require preventative treatment, they did not have a “bonafide primary immune deficiency,” their immune systems “[would] improve just like anybody” with age,

Altagracia Banuchi v. City of Homestead

Court of Appeals for the Eleventh Circuit · May 7, 2024

For her Fourth Amendment claim, the district court con- cluded that Banuchi met her burden at that stage to show that Green was not entitled to qualified immunity. … whether Banuchi showed that the constitutional right was clearly established at the time of the violation because the district court concluded that Green did not violate a constitutional right.

Tyler Copeland v. Georgia Department of Corrections

97 F.4th 766 · Court of Appeals for the Eleventh Circuit · Mar 28, 2024

The district court granted summary judg- ment to GDOC on this claim based on sovereign immunity. … Copeland alleged that, instead of promoting him, GDOC hired equally qualified in- dividuals who are not transgender.

William Paul Lakeman, Sr., as Administrator of the Estate of Donald Eugene Lakeman, Deceased v. Otis Elevator Company, Ppg Industries, Inc.

930 F.2d 1547 · Court of Appeals for the Eleventh Circuit · May 13, 1991

PPG, however, argues that it falls into an exception to this general rule established in Purvis v. PPG Industries, Inc., 502 So.2d 714 (Ala.1987). … Riddick as an expert qualified by reason of his “extensive experience *1554 with respect to asphyxia caused by chemicals and other phenomena.” He identified Dr.

Poore v. American-Amicable Life Insurance Co. of Texas

218 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Jul 20, 2000

Reviewability of District Court's Remand Order Under 28 U.S.C. § 1447(d), an order remanding an action to state court pursuant to § 1447(c) is not reviewable on appeal or otherwise, even if the remand order is clearly … appeal or otherwise." 5 orders issued under section 1447(c) and invoking the grounds specified therein—that removal was improvident and without jurisdiction—are immune

Gholston v. Housing Authority Of The City Of Montgomery

818 F.2d 776 · Court of Appeals for the Eleventh Circuit · Jul 22, 1987

It is undisputed in this case that the Montgomery Housing Authority had an absolute preference for higher-income tenants over applicants who qualified for the foregoing three statutory preferences. … Thus, the district court's conclusion that the appellants failed to meet their burden of proof is not clearly erroneous. 1 See 42 U.S.C. Sec. 1437d(c)(4)(A) (1982 & Supp.

Tommy J. Marbury v. Louis W. Sullivan, Secretary of Health and Human Services

957 F.2d 837 · Court of Appeals for the Eleventh Circuit · Apr 8, 1992

But "it is only when the claimant can clearly do unlimited types of light work, ... that it is unnecessary to call a vocational expert to establish whether the claimant can perform work which exists in the national economy … reasons for calling into question the diagnoses--much less supported his medical conclusions with substantial or considerable evidence. 1 13 Although Social Security disability benefits must be reserved only for those who qualify

Robert B. Clarkson v. Internal Revenue Service and John Henderson, District Director

678 F.2d 1368 · Court of Appeals for the Eleventh Circuit · Jun 21, 1982

As we have previously noted, at least some of the documents involved in this case clearly fall within the definition of records provided by the Act. 5 U.S.C. § 552a(a)(4) (1976). … Recognizing that the mere delivery of information after a suit has been filed does not in itself establish that a party has “substantially prevailed,” Cox v.

Angel E. Gaston v. City of Leesburg

Court of Appeals for the Eleventh Circuit · Jan 21, 2025

Qualified immunity adds a seventh USCA11 Case: 24-10276 Document: 12-1 Date Filed: 01/21/2025 Page: 7 of 12 24-10276 Opinion of the Court 7 element—the … law must be “clearly established.”

Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)

771 F.3d 713 · Court of Appeals for the Eleventh Circuit · Oct 16, 2014

The party must first establish that she has obtained a judgment against a terrorist party that is either for a claim based on an act of terrorism or for a claim for which a terrorist party is not immune. Weininger v. … The movant must establish fraud by clear and convincing evidence. Id.

Russell Strickland v. Water Works

239 F.3d 1199 · Court of Appeals for the Eleventh Circuit · Jan 22, 2001

6 weeks of a 12-week FMLA- qualifying leave. … qualifies for FMLA protection.

Joe Houston v. Marod Supermarkets, Inc.

733 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Nov 1, 2013

The Tenth Circuit reasoned that “Title II’s words ‘no’ and ‘shall’ function like [FHA] § 804(d)’s phrase ‘any person’ because, read in context, these words clearly proscribe dis *1332 crimination against any person who is … a ‘qualified individual with a disability.’ ” Id.

United States v. Corbin

734 F.2d 643 · Court of Appeals for the Eleventh Circuit · Jun 18, 1984

The prejudice flowing from a joint trial must be “clearly beyond the curative powers of a cautionary instruction.” United States v. Becker, 569 F.2d 951, 964 (5th Cir.1978). … Stewart if he had shot one Herbert Patterson in January of 1980, and whether his “deal” with the government would immunize him from prosecution in connection with such an incident.

Lauderdale ex rel. Lauderdale v. Director, Office of Workers' Compensation Program

940 F.2d 618 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

All three doctors were “B-readers”: physicians who have been found specially qualified to assess x-rays for evidence of pneumoconiosis. … We think there is clearly substantial evidence in the record to support this conclusion.