Case law

Amber Jackson v. Cody Swanger

Court of Appeals for the Eleventh Circuit · Apr 5, 2024

To the contrary, Swanger’s argument that under the pleaded facts he did not violate clearly established law raises a “core qualified immunity issue[].” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).

Lundgren v. Mcdaniel

814 F.2d 600 · Court of Appeals for the Eleventh Circuit · Apr 13, 1987

QUALIFIED IMMUNITY 12 Appellants argue that even if their conduct was unconstitutional, they are entitled to qualified immunity on the section 1983 claim because their conduct did not violate a clearly established constitutional … City of Clewiston, 644 F.Supp. 1417, 1420-22 (S.D.Fla.1986) (Florida policeman who shot a fleeing felon in 1979 did not violate a clearly established constitutional right at the time, and is entitled to qualified immunity

Yeldell v. Cooper Green Hospital, Inc.

956 F.2d 1056 · Court of Appeals for the Eleventh Circuit · Mar 30, 1992

Qualified immunity is available to “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “[T]he relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and

Townsend v. Jefferson County

582 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Sep 11, 2009

that the deputies violated her clearly established civil rights. … “To invoke qualified immunity, the official first must establish that he was acting within the scope of his discretionary authority” when the alleged violation occurred. Case, 555 F.3d at 1325.

Lundgren v. McDaniel

814 F.2d 600 · Court of Appeals for the Eleventh Circuit · Apr 13, 1987

QUALIFIED IMMUNITY Appellants argue that even if their conduct was unconstitutional, they are entitled to qualified immunity on the section 1983 claim because their conduct did not violate a clearly established constitutional … Fla.1986) (Florida policeman who shot a fleeing felon in 1979 did not violate a clearly established constitutional right at the time, and is entitled to qualified immunity); Acoff v.

Tindal v. Montgomery County Commission

32 F.3d 1535 · Court of Appeals for the Eleventh Circuit · Sep 27, 1994

functions, but only to the extent that those officials' actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Thus, in order to defeat Butler's claimed entitlement to qualified immunity, Tindal must proffer evidence that--when viewed in the light most favorable to her--demonstrates not only that Butler violated her clearly established

Brown v. City of Fort Lauderdale

171 F.3d 1329 · Court of Appeals for the Eleventh Circuit · Apr 8, 1999

The question of qualified immunity rests on whether the law is "clearly established" and whether the facts alleged violate that law. … Whether the facts alleged violate clearly established law is a purely legal question.

Clarissa Gilmore v. Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit · Jul 11, 2025

Second, the plaintiff may ‘point to a broader, clearly law can be clearly established for qualified immunity purposes by non-binding precedent.”); Amnesty Int’l, USA v. … It acknowledged in a string citation that “clearly established law in the qualified immunity context” includes “cases from the Supreme Court and the U.S.

Alexander Eugenio Moskovits v. Mercedes-Benz USA, LLC

Court of Appeals for the Eleventh Circuit · Nov 29, 2022

Jenne, 326 F.3d 1352, 1357 (11th Cir. 2003) (qualified immunity). … Ferraro, 284 F.3d 1188, 1193-94 (11th Cir. 2002) (stating qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violated no clearly established

Lori Ann Huebner v. Ric Bradshaw

935 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Aug 22, 2019

unlawful that McDonough should be denied qualified immunity. … established” step of the qualified- immunity analysis.

Foster Sellers v. United States of America

709 F.2d 1469 · Court of Appeals for the Eleventh Circuit · Jul 22, 1983

The district court granted summary judgment in favor of the United States, stating that the FBI agents were entitled to qualified immunity from damages liability because the law regarding inventory searches was unclear at … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Brown v. Byerly

322 F. App'x 957 · Court of Appeals for the Eleventh Circuit · Apr 14, 2009

PER CURIAM: Charles Byerly appeals the district court’s denial of his motion to dismiss based on the defense of qualified immunity. … violation because Appellee Malissa Brown was arrested pursuant to a valid warrant, and (3) he did not violate a clearly established law.

Michael Montanez v. Jorge Carvajal

889 F.3d 1202 · Court of Appeals for the Eleventh Circuit · May 9, 2018

established” (for qualified-immunity purposes) that those searches were invalid. … Qualified immunity shields government officials from individual-capacity suits for actions taken while performing a discretionary function so long as their conduct does not violate a “clearly established” constitutional

Joe Marsh v. Butler County, Alabama

225 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Sep 7, 2000

Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions in a manner that violates "no clearly established statutory or constitutional rights of which a … entitled to qualified immunity in a Rule 12(b)(6) motion to dismiss only if the complaint fails to allege facts that would show a violation of a clearly established constitutional [or federal statutory] right."

Rhonda Fleming v. FCI Tallahassee Warden

127 F.4th 837 · Court of Appeals for the Eleventh Circuit · Feb 3, 2025

But it has done so on interlocutory appeal only as a part of its analysis of whether a defendant is entitled to qualified immunity—that is, whether the officer violated a clearly established right of … Qualified immunity shields government officials performing discretionary functions so long as their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Michelle Lee Helm v. Greg Carroll

Court of Appeals for the Eleventh Circuit · Mar 10, 2021

We therefore conclude that on this summary judgment record T.D.H. has established a violation of the Fourth Amendment. We now turn to the clearly established prong of the qualified immunity inquiry. … Once this Court establishes that the use of force is not entitled to qualified immunity and other officers could have intervened but did not, the Court does not conduct a separate clearly established analysis pertaining

Misty Kingsland v. City of Miami

382 F.3d 1220 · Court of Appeals for the Eleventh Circuit · May 11, 2004

Qualified Immunity 1. General Principles If the defendant officers are entitled to qualified immunity, we must affirm summary judgment in their favor. … “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a 15

Douglas McClish v. Richard B. Nugent

483 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Apr 11, 2007

An official seeking qualified immunity must initially establish that he was acting within his discretionary authority. … established as to justify stripping him of qualified immunity.

Holmes v. Georgia ex rel. Strickland

503 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Jan 15, 2013

Qualified immunity protects government officials performing discretionary functions from liability in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights of … Once a defendant establishes this, the plaintiff has the burden of establishing that qualified immunity is not appropriate. Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th Cir.2002).

Elvan Moore v. Kevin Pederson

Court of Appeals for the Eleventh Circuit · Sep 16, 2015

But because the law on this point was not clearly established in this Circuit before our decision today, we affirm the district court’s entry of summary judgment on qualified- immunity grounds to Defendant-Appellee Deputy … But since the law was not clearly established on this point when Pederson arrested Moore, the district court did not err when it granted qualified immunity to Pederson and denied summary judgment to Moore.