Case law

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 . .

Michael Howard, on Behalf of Themselves and All Others Similarly Situated v. John L. McLucas American Federation of Government Employees v. John C. Stetson, Robert Poss, Movants-Appellants

782 F.2d 956 · Court of Appeals for the Eleventh Circuit · Feb 20, 1986

We agree that intervenor-appellants clearly have no standing to challenge the backpay award. … The interest of the union members in intervention had thus already been established.

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

Bloedorn v. Grube

Court of Appeals for the Eleventh Circuit · Jan 28, 2011

As for this claim, he cannot clearly establish a substantial likelihood of success on the merits. … Again, we are unpersuaded that Bloedorn has clearly established a substantial likelihood of success on the merits.

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.

United States v. Lamons

532 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Jul 3, 2008

In that case, the defendant objected to the admission of drug analysis certificates purportedly establishing that plastic bags seized by police officers contained cocaine. See Pet. for a Writ of Cert., Melendez-Diaz v. … The attempt to cover up an erroneous FBI meal reimbursement is clearly relevant to the absence of mistake in the closely related context of FBI rent and hotel reimbursements.”

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.

Owner-Operator Independent Drivers Ass'n v. Landstar System, Inc.

541 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Sep 3, 2008

Accordingly, the Court finds that Plaintiffs have failed as a matter of law to establish damages sustained as a result of Defendants’ violation of Section 376.12(h). … New Prime, Inc., 213 F.R.D. 537, 545 (W.D.Mo.2002) (“Although disgorgement is an equitable remedy, it does not qualify as injunctive relief.”), aff'd 339 F.3d 1001 (8th Cir.2003), cert. denied, 541 U.S. 973 , 124 S.Ct. 1878

Inbesa America, Inc. v. M/V Anglia

134 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Feb 2, 1998

To qualify as maritime, moreover, the elements of a contract must "pertain directly to and be necessary for commerce or navigation upon navigable waters.... … Of these claimed services, two, dockage and stevedoring, are clearly maritime. See Steven F.

William T. Thigpen, Jr. v. Larry Justice

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

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. … Plaintiffs argue that the Reeves Decree qualifies as such an "on-going policy" and that, consequently, Beavers controls. Because we conclude that Beavers is distinguishable, we disagree.

Olivette Coffey, Jr. v. Dwight Braddy

834 F.3d 1184 · Court of Appeals for the Eleventh Circuit · Aug 23, 2016

However, the plaintiffs do not point to testimony or documents in the record that clearly resolve the ambiguities noted by the district court. … But the plaintiffs do not point to anything in the record that establishes that the meaning of the decree was clear; instead, they merely make the argument that the specific use of “City of Jacksonville” meant that the

Tiberio P. DeJulio v. State of Georgia

290 F.3d 1291 · Court of Appeals for the Eleventh Circuit · May 8, 2002

state or local government decides to select persons by popular election to perform governmental functions, the Equal Protection Clause of the Fourteenth Amendment requires that each qualified … We agree with the district court that the first element of the Hadley test is clearly satisfied.

Florida Family Policy Council v. Freeman

561 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Mar 6, 2009

The Florida Supreme Court established the Ethics Committee “to render written advisory opinions to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.” … Taylor, 405 F.3d 1251, 1255 (11th Cir. 2005) (noting that under Young, state officials may be enjoined in their official capacity from enforcing unconstitutional laws without running afoul of state sovereign immunity).

In Re: Eric Watkins

Court of Appeals for the Eleventh Circuit · Sep 9, 2024

personal liability, because there is no indication the supervisor had fair notice that library policy unconstitutionally abridged protected speech, or that the suspensions otherwise violated Watkins’s clearly … established rights.

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

Betty M. Smith v. Michael Bokor

Court of Appeals for the Eleventh Circuit · Mar 12, 2021

And Bokor does not dispute that under this interpretation of the statute, he qualifies as a significant defendant. … Based on the allegations in plaintiffs’ complaint, MMI clearly is a primary defendant.

GA Manufactured v. Spalding County

148 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 6, 1998

BLACK, Circuit Judge:  Spalding County, Georgia (County), amended its Zoning Ordinance to require that manufactured homes be built with a 4:12 roof pitch to qualify for placement in most residential districts. … The amendment established three classes of manufactured housing, two of which are relevant here.

United States v. Amil Gonzalez-Rodriguez

301 F. App'x 874 · Court of Appeals for the Eleventh Circuit · Dec 5, 2008

review whether the district court committed a procedural error, such as incorrectly calculating the guidelines, treating the guidelines as mandatory, failing to consider the § 3553(a) factors, imposing a sentence based on clearly … A defendant challenging his sentence bears the burden of establishing that it is unreasonable. See Talley, 431 F.3d at 788. While joint sentencing of convicted codefendants is permissible, see U.S. v.

Blair Clark v. David Bell

Court of Appeals for the Eleventh Circuit · Apr 29, 2026

The Court also held that Detective Bell was entitled to qualified immunity. Clark appeals. … For instance, “[i]f a plaintiff establishes that a defendant violated his Fourth Amendment right to be free from seizures pursuant to legal process, he has also established

Hurlbert Ex Rel. Estate of Hurlbert v. St. Mary's Health Care System, Inc.

439 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Feb 16, 2006

The regulations further note that absences attributable to incapacity under paragraph (iii) “qualify for FMLA leave even though the employee . . . does not receive treatment from a health care provider during the absence, … We have recognized that an employer’s failure to articulate clearly and consistently the reason for an employee’s discharge may serve as evidence of pretext. See id. at 1245-46; Donnellon v.