Case law

Perez Ex Rel. Estate of Arango v. Suszczynski

809 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Jan 12, 2016

established law, thus entitling him to qualified immunity. … Qualified immunity protects officers engaged in discretionary functions from civil liability only if the officers’ actions do “not violate clearly established statutory or constitutional rights of which a reasonable person

Bruce v. Beary

498 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Sep 6, 2007

officers are entitled to qualified immunity only if the law regarding the proper scope of administrative searches was not clearly established at the time the search was conducted. … We also hold that the officers are not entitled to qualified immunity from this lawsuit.

Akeem Washington v. Shannon Rivera

939 F.3d 1239 · Court of Appeals for the Eleventh Circuit · Sep 25, 2019

But we conclude that Rivera’s actions did not violate Washington’s clearly established rights, and that she is thus entitled to qualified immunity. … a clearly established right.

Williams v. Consolidated City of Jacksonville

341 F.3d 1261 · Court of Appeals for the Eleventh Circuit · Aug 14, 2003

DISCUSSION 12 “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … of his actions was “clearly established.”

Art Rojas v. City of Ocala, Florida

40 F.4th 1347 · Court of Appeals for the Eleventh Circuit · Jul 22, 2022

Hale’s “contact is sufficient to establish the personal and in- dividualized injury necessary for standing.” Pelphrey, 547 F.3d at 1280. … Be- cause the district court and the parties believed that Lemon was still shuffling about at the time, the court applied it in concluding that there was an Establishment Clause violation in this case.

Thomas ex rel. Thomas v. Roberts

323 F.3d 950 · Court of Appeals for the Eleventh Circuit · Mar 10, 2003

The “clear” requirement stems from the fact that the purpose of qualified immunity is to protect government officials performing discretionary functions from civil liability when their actions violate no “clearly established … Plaintiffs insist that “consensus or persuasive authority” from other circuits may create clearly established law.

Hunter Tillis v. Allan H. Brown, Jr.

12 F.4th 1291 · Court of Appeals for the Eleventh Circuit · Sep 7, 2021

Brown’s use of deadly force was specifically circumscribed by our clearly established Fourth Amendment precedent. He therefore is not entitled to qualified immunity. A. … But for plaintiffs to overcome the bar of qualified immunity, Brown’s conduct must also have violated clearly established law.

Mastroianni v. Bowers

160 F.3d 671 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

Second, appellants contend that even if absolute 3 immunity does not protect them, they are entitled to qualified immunity because they did not violate any clearly established … Qualified immunity A.

Megan Garcia v. Pamela Casey

75 F.4th 1176 · Court of Appeals for the Eleventh Circuit · Jul 28, 2023

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … But the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case.

Howe v. Baker

796 F.2d 1355 · Court of Appeals for the Eleventh Circuit · Aug 28, 1986

These concerns, weighty though they may be, do not justify granting officials an absolute immunity. Instead, they can be satisfied through application of a qualified immunity. Harlow v. … established.

Ernest D. Johnson v. Brian Breeden

280 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jan 28, 2002

In McMillian we affirmed the denial of summary judgment on qualified immunity grounds, holding that prior decisions had clearly established the law that pretrial detention amounting to punishment violated due process, and … So, where this type of constitutional violation is established there is no room for qualified immunity.

Willie G. Harris v. Coweta County, a Political Subdivision of the State of Georgia, Larry T. Hammett, Sheriff of Coweta Co.

21 F.3d 388 · Court of Appeals for the Eleventh Circuit · May 23, 1994

The district court’s order in relevant part denied the Sheriffs motion for summary judgment based on qualified immunity. 1 The *390 court ruled that the prohibition against cruel and unusual punishment was “undoubtedly clearly … For purposes of qualified immunity, a legal norm is clearly established when “the right the official is alleged to have violated [was] ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours

George A. Williams v. Cons. City of Jacksonville

381 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Aug 27, 2004

We denied Davis qualified immunity against this claim, holding that “the laws allegedly violated by Commissioner Davis were clearly established.” Id. at 1064. … Furthermore, if the “clearly established” prong of the qualified immunity test is interpreted unduly strictly, it will effectively prevent further development of wide areas of constitutional law.

Travers v. Jones

323 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Mar 11, 2003

The law is clearly established that an employer may not demote or discharge a public employee for engaging in protected speech. See Rankin v. … CEO Jones and Chief Wilder are entitled to qualified immunity. REVERSED.

Angie Chesser, A.K.A. Angie Kimball v. Amos Sparks, Individually and in His Official Capacity as Haralson County Commissioner

248 F.3d 1117 · Court of Appeals for the Eleventh Circuit · Apr 18, 2000

violation of a clearly established constitutional right." … Evaluating the defense of qualified immunity involves a two step inquiry: first, whether the defendant’s conduct violated a clearly established constitutional right; and, second, whether a reasonable government official would

Curtis Sherrod v. Dr. Arthur Johnson

667 F.3d 1359 · Court of Appeals for the Eleventh Circuit · Jan 23, 2012

clearly established law. … Qualified immunity offers complete protection for individual public officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Wright v. Whiddon

951 F.2d 297 · Court of Appeals for the Eleventh Circuit · Jan 14, 1992

“clearly established” legal right. … In order for a right to be clearly established and defeat an official’s claim to qualified immunity, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing

Dennis Goddard and Bonnie Goddard v. Pete Urrea, Gene Ford

847 F.2d 765 · Court of Appeals for the Eleventh Circuit · Jun 20, 1988

In this case, the first inquiry is whether the Goddards have adequately alleged a violation of a clearly established right thereby warranting denial of summary judgment on immunity grounds. … The factual allegations in this case clearly establish a factual dispute which impacts on the reasonableness of the agents’ conduct.

Kenneth Bailey v. Shawn T. Swindell

89 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jan 8, 2024

In Bailey I, the district court granted summary judgment in favor of Swindell on qualified immunity grounds. … Because the law on this question is clearly established and gave Swindell fair warning that his treatment of Bailey was uncon- stitutional, Swindell was not entitled to qualified immunity and the district

Charles Wade v. Gordon Lewis

13 F.4th 1217 · Court of Appeals for the Eleventh Circuit · Sep 17, 2021

Thus, he contends that the law was not clearly established, and the district court erred in denying him qualified immunity. … In reversing the district court’s denial of qualified immunity and analyzing whether there was clearly established law, we distinguished Aldridge.