Case law

Michael Lindsey v. Fred Smith, Commissioner, Alabama Department of Corrections, J.D. White, Warden Holman Unit

820 F.2d 1137 · Court of Appeals for the Eleventh Circuit · Jun 12, 1987

We conclude that the record clearly supports the district court’s finding. … Florida, 463 U.S. 939, 955 , 103 S.Ct. 3418, 3427 , 77 L.Ed.2d 1134 (1983) (plurality opinion), we need not consider in this case whether the Constitution would permit an individual to qualify for the death penalty solely

Benedict Mohit v. Morris West

Court of Appeals for the Eleventh Circuit · Jan 18, 2023

bringing this case because the only difference here was that Mohit sued City of- ficials instead of the City itself, that Mohit’s claims were time- barred, and that the officials were entitled to qualified … immunity, absolute legislative immunity, and statutory immunity and were improper defendants.

Derrick Wynn v. City of Griffin, Georgia

Court of Appeals for the Eleventh Circuit · Oct 18, 2021

The District Court granted Officer Bean’s motion for summary judgment, concluding that she was entitled to qualified immunity from suit. Wynn appeals the judgment. … We review denials of summary judgment based on qualified immunity de novo, viewing the facts in the light most favorable to the nonmovant. See Hunter v. City of Leeds, 941 F.3d 1265, 1271 n.8 (11th Cir. 2019).

Atlanta Professional Firefighters Union, Local 134 v. City Of Atlanta

920 F.2d 800 · Court of Appeals for the Eleventh Circuit · Jan 7, 1991

Under the "short test," the employer need only establish the requirements of subsection (e)(2). … As is readily apparent, an employer seeking to establish an exemption first seeks to qualify under the "short test"; if that effort fails, the "long test" is used. 29 The "short test" requires that an employee be paid "on

Harris v. Garner

216 F.3d 970 · Court of Appeals for the Eleventh Circuit · Jun 27, 2000

In light of today's decision, whenever Congress enacts a statute that qualifies the right of a person to "bring" or "commence" or "institute" an action under federal law, district courts in the Eleventh Circuit will have … sua sponte a plaintiff's action if it is "frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief."

United States v. Alred

144 F.3d 1405 · Court of Appeals for the Eleventh Circuit · Jun 30, 1998

In this case, Sconiers would not talk with the government until he received his grand jury subpoena and an offer of immunity. … Because Sconiers had refused to cooperate with the government investigation of the extensive marijuana distribution operation'in Holmes County until he was subpoenaed by the grand jury and received immunity, obtaining ■ his

Coats & Clark, Inc. v. Carlos G. Gay, Whirlpool Corporation v. Carlos Gay

755 F.2d 1506 · Court of Appeals for the Eleventh Circuit · Mar 25, 1985

‘Evidentiary facts, though undisputed, do not always conclusively establish the ultimate fact at issue. … The record . ’r . evidence clearly supports this award, , , . , . ?

FF Cosmetics FL, Inc. v. City of Miami Beach

866 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Aug 10, 2017

A preliminary injunction is an “extraordinary and drastic remedy” and should not be granted unless “the movant clearly establishe[s] the ‘burden of persuasion’ as to each of the four prerequisites.” Id. … However, “[w]here the statute governs both commercial and noncommercial speech . . . a litigant with a commercial speech interest may nonetheless qualify by virtue of the overbreadth rule to assert the speech rights of

Nausheen Zainulabeddin v. University of South Florida Board of Trustees

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

Specter’s failure to inform her that she qualified for disability accommodations in October 2010. … Although Florida has generally waived immunity for torts, it has retained immunity for torts committed in bad faith by its employees. Fla. Stat. § 768.28(9).

William Hornady v. Outokumpu Stainless USA, LLC

118 F.4th 1367 · Court of Appeals for the Eleventh Circuit · Oct 11, 2024

Outokumpu presents no evidence on appeal that the district court erred at all in making those factual findings, much less did so clearly. … The plaintiffs say that this mismatch between pay periods and calendar months means Outokumpu’s incentive bonus plan did not qualify as a percentage bonus.

Cochran v. United States

770 F.2d 949 · Court of Appeals for the Eleventh Circuit · Sep 6, 1985

Nevertheless, the relationship between the two acts is clearly established. … Did Press Release Amount to a “Clearly Unwarranted Invasion of Privacy?”

Clark v. Riley

595 F.3d 1258 · Court of Appeals for the Eleventh Circuit · Feb 4, 2010

It is well established that “the legislature must be allowed leeway to approach a perceived problem incrementally,” Beach Commc'ns, Inc., 508 U.S. at 316, 113 S. … The redesignation clause clearly lets the governor redesignate the 1986 trustees’ terms to conform with subsection (a).

United States v. Arturo Carillo-Ayala

713 F.3d 82 · Court of Appeals for the Eleventh Circuit · Mar 22, 2013

. § 2D1.1(b). 3 Even so, he did argue that he qualified for the safety valve. … But sentencing proceeded on the assumption that Carillo would qualify if he met the second criterion.

United States v. Williams

456 F.3d 1353 · Court of Appeals for the Eleventh Circuit · Jul 21, 2006

. § 2Dl.l(c)(6). 2 Williams’ multiple prior felony convictions for drug offenses qualified him as a career offender under § 4Bl.l(a). … There is no dispute that Williams qualified as a career offender under U.S.S.G. § 4B1.1.

Alfredo Nicolas Talamantes-Enriquez v. U.S. Attorney General

12 F.4th 1340 · Court of Appeals for the Eleventh Circuit · Sep 9, 2021

The IJ concluded that the orders had no impact and that Talamantes’ simple battery convictions had resulted in sentences that were clearly for at least one year of imprisonment for INA purposes. … Term of Imprisonment To qualify under the INA’s definition of “aggravated felony,” it is not enough that a prior conviction be a “crime of violence.”

Mckinney v. Pate

985 F.2d 1502 · Court of Appeals for the Eleventh Circuit · Mar 17, 1993

Thus, the district court's ruling setting aside McKinney's judgment was clearly erroneous and is vacated. 11 IV. … Here "political" must be read with the qualifier "improper," because "political" cannot mean "improper" in all cases. Sometimes the "just cause" for a dismissal may have its roots in the political.

United States v. Torrence Denard Whitaker

Court of Appeals for the Eleventh Circuit · Jul 9, 2025

Scott, 263 F.3d 1270, 1273 (11th Cir. 2001) (“[T]he jurisdictional element of the statute, i.e., the re- quirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes … We have likewise rejected as-applied challenges to § 922(g)(1), holding that the government proves a “minimal nexus” to interstate commerce where it establishes that a firearm was manufactured outside

Montgomery v. Noga

168 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Mar 5, 1999

In this case, the requirement of non-infringement clearly is satisfied. … At trial, the defendants’ counsel attempted to qualify Mr.

Aretha M. Edwards v. National Vision, Inc.

568 F. App'x 854 · Court of Appeals for the Eleventh Circuit · Jun 12, 2014

, filling it with a less-qualified white person. … In the failure-to-promote context, she had to establish four elements, including that another equally or less-qualified employee outside her class was promoted. Id.

H.C. ex rel. Hewett v. Jarrard

786 F.2d 1080 · Court of Appeals for the Eleventh Circuit · Apr 15, 1986

In denying Wade official immunity, under Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the district court necessarily determined that Wade “violate[d] clearly established statutory or constitutional rights of which a reasonable person