Case law

Warren Lee Hill, Jr. v. Carl Humphrey

Court of Appeals for the Eleventh Circuit · Nov 22, 2011

Atkins Clearly Established that the Eighth Amendment Protects All Mentally Retarded Offenders from Execution The majority first errs in suggesting that Atkins did not clearly establish that all of … Clearly established Supreme Court law forbids this result. III.

Itel Capital Corporation, a Corporation, Cross-Appellant v. Cups Coal Company, Incorporated, a Corporation and Herman Mulvehill, Cross-Appellees

707 F.2d 1253 · Court of Appeals for the Eleventh Circuit · Jun 23, 1983

The allegations in Itel’s amended complaint clearly “arose out of the conduct, transaction, or occurrence” set forth in the original complaint. … Even assuming that this testimony normally might be hearsay, 16 it qualifies for admission as a statement by a coeonspirator during the course and in furtherance of a conspiracy.

United States v. Jeffrey Jason Cooper

926 F.3d 718 · Court of Appeals for the Eleventh Circuit · Jun 10, 2019

The term “related acts” is clearly limited to illegal acts associated with prostitution. The district court did not err in including the “related act” language. … The Immunized-Witness Instruction Cooper asked the district court to instruct the jury to “consider some witnesses’ testimony with more caution,” including “witnesses who have been promised immunity from prosecution

United States v. Eddy Wilmer Vail-Bailon

Court of Appeals for the Eleventh Circuit · Aug 25, 2017

Sec’y, Dep’t of Corr., 821 F.3d 1325, 1333 (11th Cir. 2016) (“[J]ust as Congress does not generally hide elephants in mouseholes, the Supreme Court does not hide clearly established federal law in parenthetical quotations … The “violent force” sentence does not establish a capacity test.

Tiffany Wingo v. Major Branson Harris

Court of Appeals for the Eleventh Circuit · Dec 1, 2025

The district court (1) granted summary judgment on the sec- tion 1983 claims, concluding the defendants were protected by qualified immunity, and (2) granted summary judgment to Deputy Wilkerson on … Myers’s testimony establishes that Deputy Wilkerson could have saved her father’s life if he had called for emergency medical care between 7:45 and 8:45 a.m.

Wendall Hall v. Valaire

Court of Appeals for the Eleventh Circuit · Dec 16, 2025

Most of the opinion deals with the defendants’ qualified immunity defense, noting that while Romeo clearly establishes “that an involuntarily committed patient has a constitutionally protected right … to reasonably safe conditions of confinement[,] . . . for purposes of qualified immunity analysis this right is far too general.”

Edwin Williams v. Limestone County Alabama

198 F. App'x 893 · Court of Appeals for the Eleventh Circuit · Oct 2, 2006

Amendment claims, we need not address the issue of whether Sheriff Blakely is entitled to qualified immunity. … inquiries concerning qualified immunity”). 12

Richard A. Borgner v. Robert G. Brooks

284 F.3d 1204 · Court of Appeals for the Eleventh Circuit · Mar 6, 2002

It is clearly not enough for the Board to identify some way — any way — in which Dr. Borgner’s advertisements might confuse. … In order to qualify for AAID's “Associate Fellow” status, a dentist must (1) complete at least 300 hours of continuing education in implant dentistry, including at least 150 hours of clinical implant education; (2) pass a

In Re: William Hunt

835 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Jul 18, 2016

That is to say, Supreme Court precedent establishes an expectation that defendants will receive reasonable sentences, and we rely on the Guidelines to determine reasonableness. … Because defendants have a clearly established expectation that they will receive reasonable sentences and the Guidelines serve as the foundation of the reasonableness analysis, the Guidelines provide notice as to the scope

United States v. Joseph P. Bagwell

30 F.3d 1454 · Court of Appeals for the Eleventh Circuit · Sep 8, 1994

Aware of Bagwell’s presence in the Forest, law enforcement officers established a roadblock on the access road on which the pickup truck was traveling. … Conclusion Because the sentence imposed exceeds the guidelines range for which Bagwell qualifies in the absence of the obstruction of justice enhancement, Bagwell’s sentence must be, and hereby is, VACATED, and this case

Estrada v. Becker

917 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Mar 6, 2019

The Policy clearly looks to federal standards to verify lawful presence, and it does not require a state agent to make any independent determination. See, e.g. , League of United Latin Am. Citizens v. … According to appellants, this shows congressional "intent to achieve flexibility in immigration enforcement while establishing the [E]xecutive's word as final in discretionary matters."

Joseph Mink v. Smith & Nephew, Inc.

860 F.3d 1319 · Court of Appeals for the Eleventh Circuit · Jun 26, 2017

S&N’s position seeks immunity beyond what the Medical Device Amendments provide. … And to establish the existence of a contract, Mr.

Derrick Anthony DeBruce v. Commissioner, Alabama Department of Corrections

758 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Jul 15, 2014

A state court’s decision is “contrary to” clearly established Supreme Court precedent in either of two respects: (1) “if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases … To determine whether a state court decision is an “unreasonable application” of clearly established federal law, we are mindful that “an unreasonable application of federal law is different from an incorrect application of

Frech v. Pensacola Steamship Association

903 F.2d 1471 · Court of Appeals for the Eleventh Circuit · Jun 25, 1990

It is enough that this is clearly an agreement between employers and labor organizations significant to the maintenance of labor peace between them. … Such a finding was necessary in order for the plaintiffs to qualify for the pension, welfare and vacation (PWV) plan. In order to qualify, they each would have had to work 700 hours per year.

Estate of Gilliam Ex Rel. Waldroup v. City of Prattville

639 F.3d 1041 · Court of Appeals for the Eleventh Circuit · Apr 26, 2011

As to the other medical expert, the court concluded that he was not qualified to testify as an expert witness, as he did not have any expertise in the medical fields relevant to this case. … Clearly, if a state actor could escape § 1983 liability by killing off the victim, then the deterrent purposes of the statute would no longer exist.

Brown v. Connecticut General Life Ins. Co.

934 F.2d 1193 · Court of Appeals for the Eleventh Circuit · Jun 27, 1991

Brown was a participant under a group life insurance plan established by International Paper as part of an employee benefit package. … However, the Retirement Equity Act specifically exempted qualified domestic relations orders from this pre-emption clause. 29 U.S.C.A. Sec. 1144 (b)(7).

Stancombe v. New Process Steel LP

652 F. App'x 729 · Court of Appeals for the Eleventh Circuit · Jun 2, 2016

Stancombe’s apparent belief that Woodfin was gay and workplace rumors to that effect do not qualify as “credible evidence.” … “Establishing a constructive discharge claim is a more onerous task than establishing a hostile work environment claim.” Bryant v. Jones, 575 F.3d 1281, 1298 (11th Cir. 2009).

Johnny R. CANUP, Plaintiff-Appellant, v. CHIPMAN-UNION, INC., Defendant-Appellee

123 F.3d 1440 · Court of Appeals for the Eleventh Circuit · Oct 8, 1997

Hobby, 506 U.S. 103, 111 , 113 S.Ct. 566, 573 , 121 L.Ed.2d 494 (1992) (“[T]o qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim.... … We would expect Congress to speak more clearly if it intended such a radical change in the application and understanding of its fee shifting statutes.

Richard Henyard v. James McDonough

459 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Aug 11, 2006

application of, clearly established federal law pursuant to the requirements of AEDPA. … and the mentally retarded, mental age is not the result of a failure to abide by an expected standard, but an incapacity to evaluate and comprehend it. 4 The mere fact of a defendant’s *1249 chronological age should not qualify

William Greg Thomas v. Attorney General, State of Florida

992 F.3d 1162 · Court of Appeals for the Eleventh Circuit · Mar 31, 2021

The district court denied this claim below, finding that “the state court’s adjudication of this claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly established … of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented.”