Case law

United States v. Manuel W. James, Etc. And Gustavo Fernandez

674 F.2d 886 · Court of Appeals for the Eleventh Circuit · Apr 30, 1982

Clearly, Congress established in the Act a new approach to bail. The Act creates a presumption in favor of releasability on personal recognizance or upon the execution of an unsecured appearance bond. … Under this approach, a no-property-bond policy would forever be immune from attack. I can conceive of no stronger case in which a property bond is denied because of such a local policy.

United States v. Diosme Fernandez Hano

922 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Apr 30, 2019

And the government argues that Arrastia-Cardoso’s proposed rule is not clearly established as the law of this Circuit. United States v. … Hesser, 800 F.3d 1310, 1325 (11th Cir. 2015) (“‘Plain’ error means that the legal rule is clearly established at the time the case is reviewed on direct appeal.”).

Robert William Strickland v. Robert Francis, Warden

738 F.2d 1542 · Court of Appeals for the Eleventh Circuit · Jul 31, 1984

The expert testimony clearly and unambiguously showed that Strickland was unable to understand the nature of the proceedings against him and participate meaningfully in his defense. See Bruce v. … However, where, as here, the expert testimony so clearly and overwhelmingly points to a conclusion of incompetency, the jury cannot arbitrarily ignore the experts in favor of the observations of laymen. See Brock v.

Jane Doe No. 1 v. Fulton-Dekalb Hospital Authority

Court of Appeals for the Eleventh Circuit · Dec 30, 2010

Please run an ad in the newspaper ASAP.” 4 the resumes of qualified candidates it received to Upshaw, who, together with one of the clinic’s substance abuse counselors, … assault committed by an emergency room nurse, despite reports from other nurses about potentially “inappropriate” tendencies around female patients). 28  Upshaw and Clark clearly

United States v. Misael Rosario Pacheco, Sr.

709 F. App'x 556 · Court of Appeals for the Eleventh Circuit · Sep 19, 2017

We’ve said that “the caselaw in this and other circuits establishes clearly the logical connection between a convicted felon’s knowing possession of a firearm at one time and his knowledge that a firearm is present at a … The government also clearly satisfied the second factor by proving the prior bad acts by convictions.

Jessica Hernandez v. United States

Court of Appeals for the Eleventh Circuit · Jun 8, 2026

It ad- vised that the plaintiffs intended to make claims against the agency and cited Florida’s statutory waiver of sovereign immunity. … But the plain language of the regulation clearly applies to different agencies, not in the intra-agency context.

Patricia Hermann v. Detective Jonathan B. McFarland

Court of Appeals for the Eleventh Circuit · Sep 28, 2022

They argued they were entitled to qualified immunity because there was at least arguable probable cause to arrest and prosecute Hermann based on all the evidence before them at the time. … On the merits, the district court found Hermann’s conspir- acy charge was barred by the intracorporate conspiracy doctrine and that the Defendants were entitled to qualified immunity on the malicious prosecution and failure

William T. Thigpen, Jr. v. Larry Justice

216 F.3d 1314 · Court of Appeals for the Eleventh Circuit · Jul 7, 2000

Of the three clauses included in the second sentence of the Amendment’s first section—the privileges and immunities clause, the due process clause, and the equal protection clause—only the due process clause alludes to … As we previously have recognized, the Reeves Decree “establishe[d] certain mandatory racial quotas for hiring and promotion within the Bibb County Sheriff’s Department.” See Reeves, 754 F.2d at 967.

Kyle Edwards v. Prime Inc.

Court of Appeals for the Eleventh Circuit · Apr 9, 2010

Just because a district court’s order has the “practical effect of refusing an injunction,” it does not automatically qualify for immediate appeal under § 1292(a)(1). Carson v. Am. … Bd. of Educ. of Atlanta, 105 F.3d 591, 595 (11th Cir. 1997) (declining pendent appellate jurisdiction because the qualified immunity issue could be resolved “without reaching the merits of the remaining questions” raised

United States v. Jan Leslie Costa

691 F.2d 1358 · Court of Appeals for the Eleventh Circuit · Nov 22, 1982

In view of the agent’s experience as an undercover agent, the failure to qualify him could not have been prejudicial. United States v. … A defendant claiming ineffective assistance of counsel must establish that his attorney’s alleged failure resulted in some degree of prejudice to him. Adams v. Balkcom, 688 F.2d at 738-39 (1982).

Wendy Kinchen v. Gateway Community Svc. Board

215 F. App'x 782 · Court of Appeals for the Eleventh Circuit · Dec 28, 2006

Since Georgia has not waived its immunity in this lawsuit, Gateway is immune from this lawsuit. 2. Bolin has qualified official from this lawsuit. … Kinchen cannot establish that Wood justifiably relied upon the professional skill of either London or Bolin. She neither went to CMC voluntarily, nor sought out the assistance of London or Bolin.

Young Apartments, Inc. v. Town of Jupiter, Florida

503 F. App'x 711 · Court of Appeals for the Eleventh Circuit · Jan 7, 2013

immunity. … Finally, we agree with the district court that Lukasik and Lecky enjoy qualified immunity. Young has failed to establish that either of these individuals violated its federal constitutional rights.

Pelphrey v. Cobb County, Ga.

547 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Oct 28, 2008

Clearly the men who wrote the First Amendment Religion Clause did not view paid legislative chaplains and opening prayers as a violation of that Amendment, for the practice of opening sessions with prayer has continued without … This Court has sharply divided over whether Georgia county commissioners are entitled to the same Eleventh Amendment immunity that is enjoyed by the state legislature. See Manders v.

Faragher v. City of Boca Raton

111 F.3d 1530 · Court of Appeals for the Eleventh Circuit · Apr 28, 1997

Thus, an employer with a model system in place cannot render itself immune from claims. In weighing the costs of the two alternatives, an employer may opt for the course the City took in this case. … A Title VII claimant, however, must establish that the employer intended the harassment.

Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc.

933 F.2d 1548 · Court of Appeals for the Eleventh Circuit · Jun 20, 1991

We decline to find, as Easterwood urges, that Silkwood holds that tort law is somehow immune to pre-emption. 3 . … However, it is a disputed question of fact whether the signal device was "clearly visible."

Juan Carlos Chavez v. Secretary, Florida Department of Corrections

742 F.3d 940 · Court of Appeals for the Eleventh Circuit · Feb 10, 2014

throughout every subsequent stage of available judicial proceedings,” including “all available post-conviction process” in state and federal court (such as state clemency proceedings), until he has been “replaced by similarly qualified … We have emphasized that the equitable rule established in Martinez applies only “to excusing a procedural default of ineffective-trial-counsel claims” and, for that reason, has no application to other matters like the one-year

Bonnie Joyce Rider v. Sandoz Pharmaceuticals

295 F.3d 1194 · Court of Appeals for the Eleventh Circuit · Jun 24, 2002

All five possessed impressive credentials and were found to be well qualified by the district court, three over the defendants’ objection. … Corp., 788 F.2d 741, 745 (11th Cir. 1986) (holding that “a cause-effect relationship need not be clearly established by animal or epidemiological studies.”).

James Parsons, III v. Sheriff of Jefferson County, Alabama

Court of Appeals for the Eleventh Circuit · Jul 20, 2023

Parsons’ complaint, Sheriff Pettway filed a motion to dismiss arguing that he was entitled to qualified immunity on all claims. … Parsons also argues that the district court erred in holding that Sheriff Pettway was en- titled to qualified immunity. Id. at 23. Viewing the facts in the light most favorable to Mr.

William Kenny Stephens, Cross-Appellee v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellant

846 F.2d 642 · Court of Appeals for the Eleventh Circuit · May 27, 1988

Our cases establish clearly that the charge given in this case did not impermissibly shift the burden of proof on malice. … The mere raising of self-defense clearly does not establish that the defendant had the intent to kill. Mason v. Balkcom, 669 F.2d at 227 . .

Juan Chavez v. Florida SP Warden, etal

742 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Feb 12, 2014

To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a 13  Case: 14-10561 Date Filed: 02/12/2014 … The District Court’s fact finding on this issue was not clearly erroneous. 26