Case law

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.”

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit · Sep 11, 2020

States are certainly free to establish such a process—indeed, Florida has done so through its preregistration advisory-opinion process and accompanying immunity from criminal prosecution. … The Plaintiffs here have clearly established such a protected interest. All agree that the right to vote is a fundamental right protected by the Fourteenth Amendment. See, e.g., Reynolds v.

Serless West v. City of Albany, Georgia

Court of Appeals for the Eleventh Circuit · Oct 2, 2020

West also argues the district court erred by granting Berry and Brophy qualified immunity—an issue the district court never reached. … Section 1981 and Title VII clearly establish a right to be free from retaliation; the Equal Protection Clause does not. See CBOCS West, Inc. v.

United States v. Dominguez

426 F. App'x 715 · Court of Appeals for the Eleventh Circuit · May 6, 2011

Dominguez argues that “the facts underlying [his] conviction” establish that he was convicted of a misdemeanor, but the district court did not clearly err when it found that Dominguez’s crime constituted a felony. … We cannot examine a discretionary decision not to depart downward “unless the district court incorrectly believed that it lacked authority to grant the departure,” and the record establishes that the district court “understood

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.

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

South River Watershed Alliance v. DeKalb County, Georgia

69 F.4th 809 · Court of Appeals for the Eleventh Circuit · May 31, 2023

As to the second requirement of associational standing—i.e., the “interests at stake are germane to the organization’s purpose”—South River’s interests in this litigation qualify because it is a nonprofit … too USCA11 Case: 20-13651 Document: 47-1 Date Filed: 05/31/2023 Page: 23 of 37 20-13651 Opinion of the Court 23 relaxed to qualify

Edward Lewis Tobinick, MD v. Steven Novella

848 F.3d 935 · Court of Appeals for the Eleventh Circuit · Feb 15, 2017

Tobinick are “not known to be immune mediated” means “that the current consensus is not that these conditions are primarily caused by or driven by an autoimmune disease that could be modified by this treatment.” … Such a basis for regulation clearly would be incompatible with the First Amendment.” Pittsburgh Press, 413 U.S. at 385.

Medberry v. Butler

185 F.3d 1189 · Court of Appeals for the Eleventh Circuit · Aug 23, 1999

We agree with both the Fifth and the Eighth Circuits that the clear language of § 1915(g) establishes that the Third Circuit’s approach is incorrect. … As such, Medberry may not proceed in forma pauperis because he has “three strikes” against him under § 1915(g) and because he has failed to qualify under the statute’s imminent danger exception.2 Finally, contrary

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.

Cox v. Administrator United States Steel & Carnegie

17 F.3d 1386 · Court of Appeals for the Eleventh Circuit · Apr 5, 1994

We have held that “[a]cts that are part of the same scheme or transaction can qualify as distinct predicate acts,” Bank of America v. … While the district court retains the power to grant a protective order when the information sought in a deposition clearly would be irrelevant, Salter v.

Morris Polion v. The City of Greensboro

614 F. App'x 396 · Court of Appeals for the Eleventh Circuit · Jun 4, 2015

return; and (3) although during the investigation Polion claimed that another officer lived in the apartment where the 4 Polion testified to several inadmissible hearsay statements about events for which he clearly … a constitutional violation, the individual defendants were entitled to qualified immunity and that the City of Greensboro could not be subject to municipal liability under a cat’s paw theory of liability.

Tondalaya Evans v. Books-A-Million

762 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Aug 8, 2014

to an adverse employment action; (3) her employer treated similarly situated employees not of the protected class more favorably; and (4) she was qualified for the job. … Evans failed to establish a prima facie case of unequal pay.

The City of Brunswick, Georgia, Cross-Appellant v. United States of America, Cross-Appellees

849 F.2d 501 · Court of Appeals for the Eleventh Circuit · Jul 11, 1988

Consequently, Brunswick’s “net worth” clearly exceeded EAJA’s limit and Brunswick cannot recover for an award under EAJA. II. … The report required the establishment of new BFEs and led FEMA to issue a new FIRM.

Mike Smith Pontiac, Gmc, Inc. v. Mercedes-Benz Of North America, Inc.

32 F.3d 528 · Court of Appeals for the Eleventh Circuit · Sep 21, 1994

A licensee may file with the Department a complaint for a determination "that the proposed transferee is not a person qualified to be a transferee under this section." Id. 16 b. … First, the statute is clearly designed to provide a remedy to an individual wronged by a licensee's violation of the Act.

Midrash Sephardi, Inc. v. Town of Surfside

366 F.3d 1214 · Court of Appeals for the Eleventh Circuit · Apr 21, 2004

An institution is “an established society or corporation: an establishment or foundation esp. of a public character,” WEBSTER’S 3D NEW INT’L UNABRIDGED DICTIONARY 1171 (1993); or “[a]n established organization, esp. one … impermissible establishment of religion.

Louis Del Favero Orchids, Inc. v. Scott Rivkees

Court of Appeals for the Eleventh Circuit · Jun 22, 2022

First, they said, the district court should abstain from hearing the case because of the Pullman, Burford, and Colo- rado River abstention doctrines. 3 Second, they argued that sover- eign immunity and qualified immunity … As to the defendants’ immunity arguments, Del Favero argued both that (1) reviewing its application wasn’t a discretionary function and that (2) the law was clearly established that state officials couldn’t refuse to do their

Johnson v. Upton

615 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Aug 23, 2010

established federal law. … established federal law.

United States v. Timothy Dale Washington, II

707 F. App'x 687 · Court of Appeals for the Eleventh Circuit · Aug 31, 2017

Neither Descamps nor Mathis is “clearly on point” and “actually abrogate[s] or directly conflict[s] with, as opposed to merely weaken[s],” our holdings in Weeks and Overstreet. See id. … Washington does not challenge the district court’s implicit finding that the Shepard-approved materials established that his offense did not involve battery on a pregnant woman.