Case law

In Re Application of the President's Commission on Organized Crime. Subpoena of Lorenzo Scaduto

763 F.2d 1191 · Court of Appeals for the Eleventh Circuit · May 29, 1985

Failure of Attorney General to Approve the Application for Immunity 32 The immunity order presented by the Commission prior to the taking of Scaduto's first deposition was not approved by the Attorney General but by an Acting … The district court did not err in finding the grant of immunity valid. 37 D.

Hernandez v. Secretary Florida Department of Corrections

611 F. App'x 582 · Court of Appeals for the Eleventh Circuit · May 20, 2015

Since he concluded that a constitutional claim of deliberate indifference had not been established, he did not address the defendants’ argument that they were entitled to qualified immunity. … To establish the sort of constitutional violations Hernandez has alleged, the plaintiff must show that the defendant (1) had subjective knowledge of a risk of serious harm, (2) disregarded the risk, and (3) displayed conduct

United States v. Tony L. Holloman

113 F.3d 192 · Court of Appeals for the Eleventh Circuit · May 22, 1997

Petersburg Police Department established an interdiction operation on Interstate 275, immediately north of the Skyway Bridge. … Section 316.221(2) of the Florida Uniform Control Law requires a tail lamp or separate lamp to illuminate the rear registration plate and render it clearly legible from a distance of fifty feet to the rear.

Crawford B. Smith, Jr., and Jeannie Smith v. Jefferson Pilot Life Insurance Company

14 F.3d 562 · Court of Appeals for the Eleventh Circuit · Feb 2, 1994

The Jefferson-Pilot Plan and its dependent coverage feature clearly meet these prerequisites. Jefferson-Pilot established the Plan to provide medical benefits exclusively for its agents and participating dependents. … Therefore, the coverage in the instant case qualifies as an employee welfare benefit plan under § 1002(1)(A).

Cabriolet Porsche Audi, Inc. v. American Honda Motor Co.

773 F.2d 1193 · Court of Appeals for the Eleventh Circuit · Oct 15, 1985

Breach No. 1: Establishment of Allocation Rate at Time of No Shortage or Restricted Supply The district court’s conclusion isbased on a factual finding that is clearly erroneous. … I certainly qualified on them. BY MR. ROSENBERG: Q.

Pittman v. Secretary, Florida Department of Corrections

871 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Sep 22, 2017

Nor was the decision an unreasonable application of clearly established federal law. … It was neither an unreasonable application of nor contrary to clearly established federal law for the Florida Supreme Court to determine that Pittman had failed to establish prejudice.

Gold v. City of Miami

151 F.3d 1346 · Court of Appeals for the Eleventh Circuit · Aug 27, 1998

In an earlier appeal, this Court held that the three City police officers and the City Police Chief were entitled to qualified immunity. Gold v. City of Miami, 121 F.3d 1442 (11th Cir. 1997) (“Gold I”). … Ct. at 1394 (“Where a court fails to adhere to rigorous requirements of culpability and causation, municipal liability collapses into respondeat superior liability.”). 11 In granting qualified immunity to

Biuma Claudine Malu v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 19, 2014

Malu argues that the notice of intent did not clearly explain that she was permitted to contest the classification of her conviction as an aggravated felony. … To qualify for protection under the Convention Against Torture, an alien must establish that she “more likely than not” will be tortured “at the instigation of or with the consent or acquiescence of” government authorities

United States v. Michael Talton Williams

731 F.3d 1222 · Court of Appeals for the Eleventh Circuit · Oct 2, 2013

Because these findings were not clearly erroneous, we defer to them. In opposition, Williams challenges the district court’s credibility determination. … We thus apply harmless error review to any misapplication of Batson that results in the seating of a juror who is otherwise qualified for juror service.

Diane N. Resnick v. KrunchCash, LLC

Court of Appeals for the Eleventh Circuit · May 20, 2022

Plaintiffs argue that their Fourteenth Amendment claim is not “clearly foreclosed” by Overmyer for two reasons. … Allen, 480 F.3d 1090, 1092 (11th Cir. 2007) (per curiam) (“While this Court certainly could review the record and applicable case law and ren- der a reasoned decision on the qualified immunity issue, this is the responsibility

Peter A. Bugge vs Kevin Roberts

430 F. App'x 753 · Court of Appeals for the Eleventh Circuit · May 18, 2011

Our decisions clearly establish that this evidence, at the very least, is sufficient to create a jury question on whether a substantial risk of serious harm existed at CSP. See,e.g., Marsh v. … McKinney, 509 U.S. 25, 33 (1993)). 8 The defendants also raised a qualified-immunity defense when moving for summary judgment.

United States v. Yarbrough

260 F. App'x 230 · Court of Appeals for the Eleventh Circuit · Jan 2, 2008

In Russell and Yarbrough’s case, the evidence established that they were financiers and organizers. The evidence against Brown established that he was a reseller. … In the earlier plea agreement, the government had explicitly stated that it could not “prospectively immunize [Yarbrough] from any and all federal prosecutions which might materialize in the future.”

The Roman Catholic Archdiocese of Atlanta v. Secretary of the U.S. Department of Health and Human Services

818 F.3d 1122 · Court of Appeals for the Eleventh Circuit · Feb 18, 2016

But the exemption-like option — the accommodation — did not truly exempt qualifying employers. … accommodate religion beyond free exercise requirements, without offense' to the Establishment Clause.”

Ross v. Buckeye Cellulose Corp.

980 F.2d 648 · Court of Appeals for the Eleventh Circuit · Jan 4, 1993

Applying the continuing violation/continuing effects distinction, we must conclude that the 1984 freeze cannot qualify as an ongoing Title VII violation. … the extraordinary circumstances that justify equitable tolling was clearly erroneous.

Waldrop v. Commissioner, Alabama Department of Corrections

711 F. App'x 900 · Court of Appeals for the Eleventh Circuit · Sep 26, 2017

A state court decision cannot be contrary to clearly established federal law “where no Supreme Court precedent is on point.” Washington v. Crosby, 324 F.3d 1263, 1265 (11th Cir. 2003). … “A state court’s application of clearly established federal law ... is unreasonable only if no ‘fairminded jurist’ could agree with the state court’s determination or conclusion.” Holsey v.

Willie J. Sinclair v. Louie L. Wainwright and Jim Smith

814 F.2d 1516 · Court of Appeals for the Eleventh Circuit · Apr 20, 1987

They fail to dispute the clear showing that Magistrate Anderson was not qualified to conduct the proceeding. Obviously Crongeyer was available. He did in fact conduct proceedings and he did so with consent. … Failure to establish alibi. Sinclair argues that counsel should have established an alibi defense by calling Mr. Ryals and his wife and Felicia Blair.

Securities & Exchange Commission v. ETS Payphones, Inc.

408 F.3d 727 · Court of Appeals for the Eleventh Circuit · May 5, 2005

The Supreme Court has set out the test for determining whether a transaction qualifies as an “investment contract” in SEC v. W.J. Howey Co., 66 S.Ct. 1100 (1946). … The more control investors retain, the less likely it becomes that the contract qualifies as a security. ETS investors retained minimal control over the telephones.

Henry Willis, III v. Walter B. Zant, Warden, Georgia Diagnostic and Classification Center

720 F.2d 1212 · Court of Appeals for the Eleventh Circuit · Nov 17, 1983

The prosecutor’s use of peremptory challenges in only a few trials is clearly insufficient to state a prima facie case, 19 as would be a pattern of exclusion which occurred for only a few weeks. … Id. at 1213-15 (“clearly such a claim cannot be established by proof of the Government’s striking of Negroes in any one case”).

Johnston v. Frank Basil, Inc.

802 F.2d 418 · Court of Appeals for the Eleventh Circuit · Oct 17, 1986

If the question is whether an individual's contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party's home forum, we believe the answer clearly is that it cannot … Inlow, supra, 453 So.2d at 355-56 ). 7 As applied to the case at bar, this Court concludes that an advertisement in an Alabama newspaper offering employment opportunities to qualified applicants, said employment to be performed

Alexander v. Hawk

159 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Nov 5, 1998

Ed. 2d 291 (1992) (noting, in the pre-PLRA context, that “where Congress has not clearly required exhaustion, sound judicial discretion governs”). … Thus, section 1997e(a) by its own terms clearly applies to Alexander’s Bivens action. The Tenth Circuit reached this same conclusion in Garrett v.