Case law

Wright v. Everson

543 F.3d 649 · Court of Appeals for the Eleventh Circuit · Aug 15, 2008

Even so, the government argued that under § 7521, the language “any other person permitted to represent the taxpayer before the Internal Revenue Service” does not establish that any person with a written power of attorney … A taxpayer also has the right to suspend an interview if he clearly states to an IRS officer or employee that he “wishes to consult with an attorney, certified public accountant, enrolled agent, enrolled actuary, or any

United States v. Jennifer A. Sparks

806 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Dec 1, 2015

This affidavit established probable cause that the cell phone contained evidence of criminal activity. … But the affidavit’s descriptions, in and of themselves, established the child-pornographic nature of the images.

Alvin Lee Martin, Cheryl Martin vs USA

439 F. App'x 842 · Court of Appeals for the Eleventh Circuit · Aug 31, 2011

“[A] waiver of the Government’s sovereign immunity will be strictly 2 construed, in terms of its scope, in favor of the sovereign.” Lane v. Pena, 518 U.S. 187, 192, 116 S. … This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. 5 clearly

April Pipkins v. City of Hoover, Alabama

134 F.4th 1163 · Court of Appeals for the Eleventh Circuit · Apr 17, 2025

In an excessive force case a qualified expert can testify about matters like the “prevailing standards in the field of law enforcement.” Samples v. … “A mistake or single act of negligence on the part of an employee does not establish incompetency[.]”

Ronald Ruffin v. Great Dane Trailers

969 F.2d 989 · Court of Appeals for the Eleventh Circuit · Aug 20, 1992

Ruffin clearly sought such injunctive relief in his complaint. … Indeed, the very import of Garland is that a plaintiff need only prevail on one significant issue to qualify as a prevailing party under 42 U.S.C. § 1988 . Garland, 489 U.S. at 789 , 109 S.Ct. at 1492.

United States v. Sarras

575 F.3d 1191 · Court of Appeals for the Eleventh Circuit · Jul 23, 2009

In his medical opinion, two of the laptop photos showed a penis that, unlike Sarras’s, was “clearly completely circumcised.” … Ferdon had examined 15,000 penises, specialized in erectile dysfunction, and was qualified to give an opinion that it was not Sarras in the laptop photos.

United States v. Jack C. Turner

871 F.2d 1574 · Court of Appeals for the Eleventh Circuit · May 9, 1989

In order to qualify as a coconspirator statement, there must have existed a conspiracy involving the declarant and the defendant, and the statement must have been made during the course and in furtherance of the conspiracy … In this case, independent evidence established that Jackson was part of the conspiracy and that the statements were made during the course of that conspiracy.

Ariel Marcelo Bastias v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 2, 2022

II “Whether a conviction qualifies as a ‘crime of child abuse’ . . . under the INA is a question of law for the Court. … In my view, no intervening Supreme Court decision is sufficiently “clearly on point” to enable us to ignore Pierre.

Community State Bank v. Strong

651 F.3d 1241 · Court of Appeals for the Eleventh Circuit · Aug 25, 2011

. § 7-4-1, et seq., are not listed as qualifying “racketeering activity” in the Georgia RICO statute. See id. § 16-14-3(9)(A). 8 law-grounded claims. … We agree with the view that Section 27(a) does not provide immunity to a state bank for usury-related offenses if it is not the true lender of the loan under federal law.

Cecil Ray Arnold v. Life Insurance Company of North America

894 F.2d 1566 · Court of Appeals for the Eleventh Circuit · Mar 1, 1990

Under this standard, Arnold’s uncorrected post-accident vision of 20/400 (96.7% vision loss) might fail to qualify as an “entire” loss of sight. … This medical standard was established by the testimony of Arnold’s ophthalmologist in this case and does not appear to be disputed by the Company.

Williams v. Burton

943 F.2d 1572 · Court of Appeals for the Eleventh Circuit · Oct 18, 1991

Once it is established that the force was applied in a good faith effort to maintain discipline and not maliciously or sadistically for the purpose of causing harm, Whitley v. … Plaintiff contends that Nurse Frondorf violated his Eighth Amendment rights because she was not qualified to examine him and she did not have the authority to approve or order that he be re-gagged.

Atlanta Gas Light Co. v. UGI Utilities, Inc.

463 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Sep 6, 2006

Augustine Gas stock but because the management clearly was out of CenterPoint’s hands, AGLC does not contend that CenterPoint is responsible after 1935. … Augustine Gas facility in 1926 was clearly as an employee of the subsidiary, and not on behalf of UGI.

79 Fair empl.prac.cas. (Bna) 1731, 12 Fla. L. Weekly Fed. C 850 Elaine A. Scarfo, Cross-Appellee v. Victor Ginsberg, Dbg 94, Inc., Florida Corporations

175 F.3d 957 · Court of Appeals for the Eleventh Circuit · May 14, 1999

Summary judgment thus would have been appropriate only if there were no disputed issues of material fact--and, as the record in this case clearly demonstrates, this was not the case here. … The district court determined that the evidence did not establish a high degree of interrelatedness between Galaxy Frame, DBG 95, Dr. Build and Dreamline Cabinets 1 The majority's reliance on Virgo v.

S.H. And P.F., Individually and on Behalf of All Others Similarly Situated v. Joe Edwards and R. Derril Gay, Individually and in Their Official Capacity

860 F.2d 1045 · Court of Appeals for the Eleventh Circuit · Jan 9, 1989

Although the Supreme Court vacated our judgment in Donaldson because this court had not considered the qualified immunity defense, the Court indicated that our opinion was deprived of any precedential force. … Nowhere did the district court consider the validity of this claim, a claim clearly made out in the plaintiffs' amended complaint.

54 soc.sec.rep.ser. 261, unempl.ins.rep. (Cch) P 15796b, 11 Fla. L. Weekly Fed. C 657 Jackson Lewis v. John Callahan, Acting Commissioner of Social Security

125 F.3d 1436 · Court of Appeals for the Eleventh Circuit · Oct 29, 1997

The medical evidence establishes that, as of November 12, 1992, there has been an improvement in the claimant's medical impairments, and that this improvement is related to his ability to work. 16 7. … This finding is clearly not supported by substantial evidence and indeed is contrary to the overwhelming medical evidence. Second, to the extent that Dr.

Edgar E. Oliver v. Louie L. Wainwright and Jim Smith

795 F.2d 1524 · Court of Appeals for the Eleventh Circuit · Aug 11, 1986

merits of a criminal defendant’s federal constitutional claim because the defendant has failed to comply with a state contemporaneous-objection rule is an independent and adequate state ground for denying relief that is immune … Nonetheless, because Oliver had already testified that his support extended only to providing baby food every once in a while, the jury had the *1533 information necessary to qualify the prosecutor’s assertion.

Delgado v. Lockheed-Georgia Co.

815 F.2d 641 · Court of Appeals for the Eleventh Circuit · Apr 24, 1987

The standards governing the determination of an age discrimination case are clearly set forth in Anderson v. Savage Laboratories, Inc., 675 F.2d 1221 (11th Cir.1982). … This inference may be demonstrated by proof that the plaintiff 1) belongs to the statutorily protected age group, 2) was qualified for the job, 3) was discharged and 4) was replaced by a person outside the protected group

Thomas Johnson v. Governor of the State of FL

405 F.3d 1214 · Court of Appeals for the Eleventh Circuit · Dec 19, 2003

not a vote dilution claim. 4 Although I do not know whether plaintiffs can ultimately succeed, their contention that Florida’s felon disenfranchisement law effectively denies their right to vote because they are black is clearly … qualified to vote at any election unless restored to civil rights.”

John W. Trammell v. Ted Paxton

322 F. App'x 907 · Court of Appeals for the Eleventh Circuit · Apr 13, 2009

immunity analysis because their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Katz, 533 U.S. 194, 202 (2001) (“The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation

United States v. Angelo Martinez

Court of Appeals for the Eleventh Circuit · Apr 16, 2026

A defendant must establish that his role was minor as compared to the conduct specifically at- tributed to him. Id. … On this record, we cannot say that the district court’s rejec- tion of a minor-role adjustment was clearly erroneous.