Case law

United States v. State of Alabama

691 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Aug 20, 2012

Alabama analogizes three cases to illustrate that section 17’s “compensatory remedies” cannot qualify as § 1324a sanctions. … We believe that the blanket prohibition of the right to enforce nearly any contract easily qualifies as an extraordinary burden.

Vazquez v. Metropolitan Dade County

968 F.2d 1101 · Court of Appeals for the Eleventh Circuit · Aug 13, 1992

immunity; and (3) that there did not exist a custom or policy on the part of Dade County that would render it liable for the actions of its officials. … The factual determinations underlying the court’s legal conclusion — such as the determination that an issue was actually litigated in the prior proceeding — are to be upheld on appeal unless clearly erroneous.

Clarence Cox v. Clayton County School District

Court of Appeals for the Eleventh Circuit · Feb 25, 2019

Cox had to show that the board’s conduct violated a clearly established right in order to overcome qualified immunity. See D.E. 37 at 13. This was error. … A local government entity like the board is not entitled to assert qualified immunity. See Owen v. City of Independence, 445 U.S. 622, 649-50 (1980).

Federal Election Commission v. Florida for Kennedy Committee

681 F.2d 1281 · Court of Appeals for the Eleventh Circuit · Aug 2, 1982

The Federal Election Commission was established by Congress to act as a watchdog to forestall certain misconduct in the federal election process. 2 U.S.C. § 437c. … This Act established a minimum wage of forty cents an hour.

Southern Grouts & Mortars, Inc. v. 3M Co.

575 F.3d 1235 · Court of Appeals for the Eleventh Circuit · Jul 23, 2009

As other courts have observed, the statute clearly makes consideration of those factors permissive (“may consider” being the key language). See Virtual Works, Inc. v. … Because we find that the United States has not waived its sovereign immunity in cases such as this, we affirm for that reason alone, and do not reach the district court’s other grounds for dismissal.”).

John Doe 1 v. Miami-Dade County

838 F.3d 1050 · Court of Appeals for the Eleventh Circuit · Sep 23, 2016

This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. … (c) The school was opened after the sexual offender or sexual predator established the residence.

Jones v. Secretary, Florida Department of Corrections

834 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Aug 25, 2016

Because he had no mental illness, and because he denied being a sex offender, he did not qualify for an MDSO program. Instead, Drs. … In light of this ruling, the district court found it unnecessary to decide whether the Florida Supreme Court’s prejudice analysis was contrary to or an unreasonable application of clearly established federal law.

Covenant Christian Ministries, Inc. v. City of Marietta

654 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Sep 7, 2011

Singletary, 62 F.3d 1295, 1298 n.2 (11th Cir. 1995) (“Issues not clearly raised in the briefs are considered abandoned.” (citation omitted) ); Greenbriar, Ltd. v. … That some individuals have different purposes for meeting in a particular place does not mean the place fails to qualify as an “assembly” under RLUIPA.

United States v. Detrick C. Smith

448 F. App'x 936 · Court of Appeals for the Eleventh Circuit · Dec 9, 2011

Nothing evidences that this factual finding was clearly erroneous. See Nunez, 455 F.3d at 1225. … Based on this record, the district court did not clearly err in concluding that this dog was sufficiently reliable to establish probable cause to search Smith’s car.

Mario Baltazar-Felipe v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Jun 13, 2023

For starters, the question of when age is established in identifying qualifying relatives is a question of law that we have jurisdiction to review. 8 U.S.C. § USCA11 Case: 22-13188 Document: 20-1 Date … And in stating Andres’s age, the BIA merely applied the established fact of Andres’s birthdate to the date of the BIA’s decision and the BIA’s legal standard for when an applicant qualifies as a “child

Rizo v. State of Alabama Department of Human Resources

228 F. App'x 832 · Court of Appeals for the Eleventh Circuit · Jan 31, 2007

It is clear that “the mere receipt of federal funds cannot establish that a state has consented to suit.” Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 246-47, 105 S.Ct. 3142, 3149, 87 L.Ed.2d 171 (1985). … The ADA prohibits an employer from discriminating against a qualified individual on the basis of a disability. 42 U.S.C. § 12112.

Ebanks v. Great Lakes Dredge & Dock Co.

688 F.2d 716 · Court of Appeals for the Eleventh Circuit · Sep 27, 1982

Of course, they recognize that it was appropriate for the witnesses for Great Lakes to tell exactly what happened as the tanker bore down on the dredge and its barge, thus clearly showing that it was an act of the large vessel … A concurrent tortfeasor generally may seek contribution from another, id. § 886A, but he is not relieved from liability for the entire damages even when the nondefendant tortfeasor is Immune from liability. Id. § 880.

United States v. William Ervin Dekle, Dwight Ragans, and Ronald Mangle, Defendants

768 F.2d 1257 · Court of Appeals for the Eleventh Circuit · Aug 16, 1985

The evidence at trial established, with respect to the 40 pounds, such a conspiracy between the two of them and within the dates indicated. … Alderman holds that production without in camera inspection is required to anyone with standing— i.e., who qualifies as an “aggrieved person.”

Whitley v. United States

170 F.3d 1061 · Court of Appeals for the Eleventh Circuit · Mar 26, 1999

The district judge denied the government's motion to dismiss based on Feres because of the government’s failure to establish the three Feres rationales. … Clearly, the district judge, as factfinder, was not bound by the parties’ stipulation in evaluating the full value of Lieutenant Whitley’s life.

Jane Doe, Individually and on Behalf of Others Similarly Situated, Jacob D. Adams, M.D. v. George D. Busbee, Etc.

684 F.2d 1375 · Court of Appeals for the Eleventh Circuit · Sep 7, 1982

Victories of the type described in Hanrahan and Coen do not qualify a plaintiff for prevailing party status because such victories do not represent a vindication of some of the civil rights of the plaintiff against a violator … The Supreme Court opinions in McRae and Zbaraz clearly reflect that the State of Georgia had never been in violation of the *1382 law.

Jackson v. Motel 6 Multipurpose

130 F.3d 999 · Court of Appeals for the Eleventh Circuit · Dec 10, 1997

Most important, the Jackson plaintiffs clearly could not properly be certified as class representatives. A. … Unit B 1982).11 The predominance inquiry focuses on “the legal or factual questions that qualify each class member's case as a genuine controversy,” and is “far more demanding” than Rule 23(a)'s commonality requirement

Joseph Simone v. Secretary of Homeland Security

Court of Appeals for the Eleventh Circuit · Oct 17, 2025

In 2014, however, TSA decided that Simone was no longer medically qualified to serve as a TSO and proposed to remove him from federal service. … Commc'ns Inc., 537 U.S. 293, 304 (2003) (“[W]hen two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard

McKay v. United States

657 F.3d 1190 · Court of Appeals for the Eleventh Circuit · Sep 22, 2011

Archer, 531 F.3d at 1352 (“Here, where the Supreme Court [in Begay] has clearly set forth a new standard to evaluate which crimes constitute ‘violent felonies’ and ‘crimes of violence,’ our prior panel precedent in Gilbert … Canty, 570 F.3d 1251, 1255 (11th Cir. 2009) (citing Archer, 531 F.3d at 1352). 8 Under section 2255, [a] prisoner in custody under sentence of a court established by Act of Congress claiming

A.P. v. Edward Feaver

293 F. App'x 635 · Court of Appeals for the Eleventh Circuit · Aug 21, 2008

Therefore, to overcome the defendants’ entitlement to qualified immunity, plaintiffs must demonstrate that (1) the defendants violated their federal constitutional or statutory rights, and that (2) those rights were clearly … Qualified immunity “is an immunity from suit rather than a mere defense to liability,’’ Mitchell v.

United States v. Micah Rudisill, Tim Hall Rudisill, A.K.A. Timothy Rudisill

187 F.3d 1260 · Court of Appeals for the Eleventh Circuit · Oct 22, 1999

Micah and White established a mailing address in Georgia to receive the funds. The checks received were then deposited in banks in Birmingham, Alabama. … We readily conclude that the district court’s findings and its application of the obstruction of justice enhancement are not clearly erroneous.