Case law

Kenneth Fernandez Johnson, Jr. v. Sadie Darnell

Court of Appeals for the Eleventh Circuit · Aug 21, 2019

In addition to concluding that Johnson’s second amended complaint failed to state a claim on which relief could be granted, the district court concluded Deputies Cruz and Pino-Diaz were entitled to qualified immunity as … DISCUSSION As an initial matter, Johnson has waived and abandoned any challenge to the district court’s ruling that Deputies Cruz and Pino-Diaz were entitled to qualified immunity, as he failed to make any argument

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.

Court of Appeals for the Eleventh Circuit · Sep 5, 2018

. § 1715z-20, which authorizes the Secretary of the Department of Housing and Urban Development to establish a mortgage-insurance program designed to encourage lenders to offer reverse mortgages and thereby alleviate some … “Georgia law clearly authorizes the use of ‘non-judicial power of sale foreclosure’ as a means of enforcing a debtor’s obligation to repay a loan secured by real property.” You v.

Jones v. Gerwens ex rel. City of Fort Lauderdale Police Department

874 F.2d 1534 · Court of Appeals for the Eleventh Circuit · Jun 13, 1989

The court found, with respect to the charges of untruthfulness and failure to obey an order, that Jones’ disparate treatment claim also failed, because “[t]he evidence clearly shows that white officers *1538 charged with … The employer may rebut the presumption of discrimination by “clearly articulating in a reasonably specific manner a legitimate non-discriminatory reason for the discharge.” Conner v.

Donald Feldman and Patricia Feldman, A/K/A Patsy Jane Feldman v. Commissioner of Internal Revenue

20 F.3d 1128 · Court of Appeals for the Eleventh Circuit · May 17, 1994

The Tax Court found this testimony credible, and there is no indication that this finding is clearly erroneous. … Therefore, a failure to meet any of the requirements will prevent a spouse from qualifying for relief. Plank v. CIR, 65 T.C.M. (CCH) 2798, 2800 , 1993 WL 173792 (1993).

Clyde SMITH, Plaintiff-Appellant, v. STATE OF GEORGIA and the Department of Human Resources, Et Al., Defendants-Appellees

749 F.2d 683 · Court of Appeals for the Eleventh Circuit · Jan 2, 1985

DAS between April 1, 1975, and December 1, 1978; however, none of those who served as witnesses in the grievance hearings were given those promotions, even though those persons applied repeatedly and some were seemingly qualified … STANDARD OF REVIEW In reviewing the findings of fact of the court below, this court is guided by the clearly erroneous standard of Rule 52(a).

Glenn v. United States Postal Service

939 F.2d 1516 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

Additionally, plaintiffs assert that requiring them to take a competitive pen-and-paper test to qualify for transfer violates the due process clause. … Plaintiffs must show themselves to be clearly within the scope of those provisions to receive their benefit.

Legal Environmental Assistance Foundation, Inc. v. United States Environmental Protection Agency

118 F.3d 1467 · Court of Appeals for the Eleventh Circuit · Aug 7, 1997

The state retains primary responsibility until EPA determines, by rule, that the state UIC program no longer meets the minimum requirements established under the SDWA. … The first step in the Chevron framework requires that we ascertain whether Congress clearly expressed its intent in the statute.

Hollywood Mobile Estates Limited, a Florida Limited Partnership vs Mitchell Cypress

415 F. App'x 207 · Court of Appeals for the Eleventh Circuit · Feb 24, 2011

Hinds, 786 F.2d 298, 302 (7th Cir. 1986) (“[R]einstatement . . . is clearly prospective in effect and thus falls outside the prohibitions of the Eleventh Amendment.”). … HME’s requested relief implicates special sovereignty interests because it could only be obtained by: (1) ordering the tribal council members into session; (2) compelling them to place matters on the agenda contrary to established

United States v. Javier Izquierdo

448 F.3d 1269 · Court of Appeals for the Eleventh Circuit · May 10, 2006

Additionally, Izquierdo twice acknowledged that he was thinking clearly. … Thus, “[p]rior to trial, the court on the government’s motion appointed a highly qualified psychiatrist . . . to examine Makris and report to the court on his competency to understand the proceedings against him and to properly

Miami-Dade County, Florida v. United States

179 F. App'x 658 · Court of Appeals for the Eleventh Circuit · May 8, 2006

Whatever might be the case with respect to the former, the County is clearly wrong with respect to the 4 latter. … We agree with the district court that none of these grounds suffice to establish jurisdiction.

Donald Broadnax v. Commissioner, Alabama Department of Corrections

996 F.3d 1215 · Court of Appeals for the Eleventh Circuit · May 7, 2021

Broadnax was not unreasonable, nor was it contrary to clearly established federal law. … Doing so is contrary to the clearly established precedent described above.

Henry Edsel Holmes v. United States

876 F.2d 1545 · Court of Appeals for the Eleventh Circuit · Jul 12, 1989

A review of the written plea agreement clearly reflects that appellant knew he would likely be sentenced to a substantial term of imprisonment in excess of minimum mandatory sentence of ten years. … In the other case, the Eleventh Circuit found that the defendant clearly understood the potential consequences of his guilty plea and therefore his attorney’s erroneous predictions of the time to be served under a sentence

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Afl-Cio v. National Labor Relations Board, H.B. Zachry Company, Petitioner-Cross-Respondent v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Afl-Cio, National Labor Relations Board, Respondent-Cross-Petitioner

127 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Nov 13, 1997

The group ultimately decided that either Jonjock had intentionally committed these errors or that he was so lacking in skills he could not qualify as a boilermaker fitter/rigger. … We note, however, that although our review is limited, that does not mean that "the Board is immune from judicial examination and reversal in proper cases....

Ernest Enax v. United States

243 F. App'x 449 · Court of Appeals for the Eleventh Circuit · Mar 8, 2007

The Government filed a motion to dismiss on the grounds of, inter alia, sovereign immunity and lack of subject matter jurisdiction. … Moreover, as the district court observed, Enax has failed to establish that he lacks alternative legal remedies to mitigate his alleged financial injury. Nor has he established that his alleged injury is irreparable.

United States v. Elizabeth Kammer

1 F.3d 1161 · Court of Appeals for the Eleventh Circuit · Sep 14, 1993

Martin responded affirmatively and altered students’ CPAT scores so that ineligible students would qualify for federal financial aid funds. … When reviewing a sentence under the guidelines, however, this court will not overturn the district court’s factual findings unless they are clearly erroneous. United States v.

Doe v. DeKalb County Board of Educ.

145 F.3d 1441 · Court of Appeals for the Eleventh Circuit · Jul 17, 1998

WHETHER DOE IS QUALIFIED In Arline, the Supreme Court considered whether a woman suffering from tuberculosis was otherwise qualified to be an elementary schoolteacher. … To establish a prima facie case under the ADA, Doe must prove that he has a disability; that he is otherwise qualified to 42 teach psychoeducation, with or without some reasonable accommodation

United States v. Isaac Kattan-Kassin, A/K/A Jaime Garcia

696 F.2d 893 · Court of Appeals for the Eleventh Circuit · Jan 24, 1983

The one problem with the plain meaning of the provision is that any time a pattern consisting of two or more actions involving transactions exceeding $100,000 is established, the government can indict under Section 1059(2 … On the contrary, the absurd result occurs if the reading advocated by appellees is adopted: after committing two violations involving more than $100,000 a violator would be immune from prosecution under Section 1059(2) for

Eugene Hardin v. City of Atlanta

141 F. App'x 796 · Court of Appeals for the Eleventh Circuit · Jun 27, 2005

When a defendant asserts the defense of qualified immunity, “the first inquiry must be whether a constitutional right would have been violated on the facts alleged; second, assuming the violation is established, the question … whether the right was clearly established must be considered.”

Cornelius v. Sullivan

936 F.2d 1143 · Court of Appeals for the Eleventh Circuit · Feb 19, 1991

The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment.’ ” Oliver, 821 F.2d at 1515 (quoting Bowen v. … When such employment requires that provisions be made for the care of minor children, the mother naturally seeks the most qualified care available.

Rockwell International Corp. v. National Labor Relations Board

814 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 20, 1987

Rockwell contends first that Denaple’s comments at the meeting do not qualify as protected, concerted activity. … Here General Counsel established a prima facie case of unlawful motivation for the discharge.