Case law
Opinions from 1658 to today.
9,466 results
1.37s
936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991
Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established
Cited 9 timesPublishedBabb v. Lake City Community College
66 F.3d 270 · Court of Appeals for the Eleventh Circuit · Oct 5, 1995
is whether the facts show a violation of “clearly established” law. … “clearly established” law.
Cited 4 timesPublished898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990
Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 182 timesPublishedKnight Ex Rel. Kerr v. Miami-Dade County
856 F.3d 795 · Court of Appeals for the Eleventh Circuit · May 5, 2017
As this Court has often observed, “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 … “[T]o receive qualified immunity, an official must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.”
Cited 186 timesPublished867 F.2d 1271 · Court of Appeals for the Eleventh Circuit · Feb 28, 1989
Joyner, 865 F.2d 1187, 1189 (11th Cir.1989). 6 Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless "the legal norms allegedly violated by the defendant were clearly established … established" for purposes of qualified immunity at the time of Molbert's death.
Cited 85 timesPublished649 F. App'x 665 · Court of Appeals for the Eleventh Circuit · Apr 28, 2016
Thus, the individual defendants were entitled to qualified immunity. … “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacity unless their conduct violates clearly established statutory or constitutional rights of which a
Cited 39 timesPublished642 F.3d 999 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011
of qualified immunity. … qualified immunity.
Cited 219 timesPublished116 F.3d 1419 · Court of Appeals for the Eleventh Circuit · Jul 11, 1997
The Clearly Established Law 29 At the time of Lancaster's arrest on March 6, 1995, it was clearly established that a jail official violates a pre-trial detainee's Fourteenth Amendment right to due process if he acts with … Because the law clearly established that such conduct violated a pre-trial detainee's Fourteenth Amendment right to due process, the defendants are not entitled to qualified immunity. B.
Overruled on other grounds by LeFrere v. Quezada, 588 F.3d 1317 (2009)Cited 137 timesPublished936 F.2d 554 · Court of Appeals for the Eleventh Circuit · Jul 23, 1991
Qualified immunity shields law enforcement officers performing discretionary functions from suit for all violations except those of clearly established law. Harlow v. … But, again, Storey is entitled to qualified immunity unless he clearly lacked the reasonable suspicion necessary to justify the search.
Cited 76 timesPublishedCourt of Appeals for the Eleventh Circuit · Apr 7, 2022
If a defend- ant advances the affirmative defense of qualified immunity, the dis- trict court must dismiss any claims that fail to allege a violation of clearly established law. See id. … The officers are entitled to qualified immunity if the plaintiff fails to show either that there was some constitutional violation or that it was clearly established, and we may consider these two elements in either order
Cited 0 timesPublishedDora Elizabeth Cook v. Gwinnett Co. School Dist.
414 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jun 29, 2005
clearly established.” … immunity because they violated clearly established law.
Cited 65 timesPublished133 F.3d 797 · Court of Appeals for the Eleventh Circuit · Jan 21, 1998
In finding Lynch ineligible for qualified immunity and Davis deserving of qualified immunity, we affirm in part and reverse in part. I. … authority, violated "clearly established statutory or constitutional rights of which a reasonable person would have known."
Cited 42 timesPublished64 F.3d 598 · Court of Appeals for the Eleventh Circuit · Sep 15, 1995
The district court denied summary judgment based on qualified immunity to all defendants on plaintiffs' constructive discharge claim and granted summary judgment based on qualified immunity to all the … No case binding in this circuit clearly established as a legal matter that plaintiffs' resignations were, in these circumstances, discharges.
Cited 6 timesPublishedAngela McCullough v. Ernest N. Finley, Jr.
907 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Oct 29, 2018
The Mayor and the Chiefs Enjoy Qualified and State-Agent Immunity from the Jailees’ Complaint. … “Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials ‘violate clearly established statutory or constitutional rights of which a reasonable person
Cited 300 timesPublishedHarbert International v. James
157 F.3d 1271 · Court of Appeals for the Eleventh Circuit · Oct 14, 1998
clearly established law. … violate clearly established law, the doctrine of qualified immunity protects him.
Cited 5 timesPublished338 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Jul 23, 2003
Under qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and, if so, whether they had “fair warning” under clearly established law that their conduct was unconstitutional.
Cited 168 timesPublished647 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Jul 28, 2011
The court then revised its rulings on the Defendants’ qualified-immunity defenses. … But, where the officer’s conduct is so outrageous that it clearly goes “so far beyond” these borders, qualified immunity will not protect him *1292 even in the absence of case law. Reese v.
Cited 330 timesPublished29 F.3d 1522 · Court of Appeals for the Eleventh Circuit · Aug 26, 1994
The defendants are entitled to qualified *1527 immunity if that law was not clearly established at the time. We hold it was not. … Because this right was not clearly established at the time this suit was brought, the defendants are entitled to qualified immunity. We affirm the district court’s grant of defendants’ motion for summary judgment.
Cited 21 timesPublishedStephen G. Loftus v. Ester Clark-Moore
Court of Appeals for the Eleventh Circuit · Aug 13, 2012
The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.
Cited 0 timesPublishedHorlock v. Georgia Department of Human Resources
890 F.2d 388 · Court of Appeals for the Eleventh Circuit · Dec 13, 1989
immunity from damages because defendants’ actions allegedly did not violate any “clearly established” right of plaintiff, as required in order to avoid the qualified immunity of public officials to such suits. … Horlock had no property interest, the defendants did not violate a “clearly established right” and thus were entitled to qualified immunity on the section 1983 due process claim.
Cited 2 timesPublished
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