Case law

National Small Business United v. U.S. Department of the Treasury

Court of Appeals for the Eleventh Circuit · Dec 16, 2025

We have held that a jurisdictional element— because it allows a case-by-case assessment—immunizes criminal statutes from facial challenges. United States v. … Co., 739 F.3d 678, 681 (11th Cir. 2014) (a party fails to adequately brief a claim when it fails to clearly present it or refers to it only in passing).

Marvin K. Speigner, Jr. v. Willie A. Alexander

248 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Apr 24, 2001

Lockheed Martin Corp., 206 F.3d 1031 (11th Cir.2000) (en banc). 2 As discussed in section IIA of this opinion, Speigner's claims for monetary damages were clearly nonjusticiable under United States v. … Later cases in several of the circuits extended the application of the Feres "incident to service" test to cases brought under § 1983, an interpretation that grants state actors the same degree of immunity from civil suits

Pankajkumar Patel v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 19, 2020

exceptional and extremely unusual hardship to a qualifying relative.” … The government bears the burden of proving removability by clear and convincing evidence, while the applicant bears the burden of establishing admissibility clearly and beyond doubt. Id.

Michael James Garvey v. C. Roland Vaughn, Iii, Chief of Police City of Conyers, Georgia, Lew Comans, Sergeant, Dekalb County Police Department, Dekalb County, Georgia, City of Conyers Police Department, Dekalb County Police Department, Dekalb County, Georgia, Raymond Johnson v. Bruce Cook, National Appeal Board, G. MacKenzie Rast, D.J. Southerland, Brian Ross, Executive Assistant, Billie Hodges, Unit Manager, Bruce Ballard, Counselor, Eva Porter, Case Manager, William Eiston, Lt., M. Hinton, Lt., Peggylene Moore, Correctional Officer, Lawson, Physician Assistant, Federal Correctional Institution, Talladega, Al

993 F.2d 776 · Court of Appeals for the Eleventh Circuit · Apr 8, 1993

a brightline rule in Houston, the Court clearly sought to place pro se prisoners on equal footing with other litigants who are not impeded by the practical difficulties encountered by incarcerated petitioners in meeting … He determined that all of Johnson's claims were precluded by his failure to exhaust administrative remedies or to follow proper administrative procedures, mere negligence by the prison officials, and the qualified immunity

Lea Cordoba v. Dillard's Inc.

419 F.3d 1169 · Court of Appeals for the Eleventh Circuit · Aug 4, 2005

Thus, it was clear to the district court that Cordoba had fallen far short of establishing a prima facie case. … The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual.” 42 U.S.C. § 12112(a) (emphasis added).

United States v. Randolph William Robinson

239 F. App'x 507 · Court of Appeals for the Eleventh Circuit · Jul 16, 2007

The record also reflects that Robinson was, in fact, offering these statements for the truth of the matter asserted—that is, he was ultimately hoping to establish that his coconspirator had a plan for the robbery, and that … The district court also did not abuse its discretion in finding that the testimony did not qualify for a hearsay exception under Rule 804(b)(3).

Mattie Lee Bryant v. Louie L. Wainwright, Secretary, Florida Department of Corrections

686 F.2d 1373 · Court of Appeals for the Eleventh Circuit · Nov 3, 1982

Likewise, section 40.01(1) of the Florida Statutes requires that all state jurors be fully qualified electors. We have previously upheld its constitutionality. 4 Reed v. Wainwright, 587 F.2d 260 (5th Cir. 1979). … Breland, 522 F.Supp. 468, 479 (N.D.Ga.1981) (a "47.1% absolute disparity between the percentage of female foreperson (sic) and females in the district's jury-eligible population is ... clearly sufficient to establish a prima

Michael Scantland v. Jeffry Knight, Inc.

721 F.3d 1308 · Court of Appeals for the Eleventh Circuit · Jul 16, 2013

On the other hand, plaintiffs’ testimony clearly asserts that they were not free to decline particular work orders, as claimed by Knight. … Business needs cannot immunize employers from the FLSA’s requirements.

Garcia v. Copenhaver, Bell

Court of Appeals for the Eleventh Circuit · Feb 3, 1997

In order to determine if a defendant qualifies as an "employer" and, consequently, whether ADEA will even apply, we must turn to ADEA's definitions' section. … immaterial, made solely for the purpose of establishing jurisdiction, nor is it insubstantial or frivolous.

United States v. Trujillo

Court of Appeals for the Eleventh Circuit · Jul 14, 1998

This two-level adjustment made Fuentes ineligible to qualify for the Safety Valve Provision under section 5C1.2 or the downward departure in section 2D1.1. … We hold that the district court’s finding was not clearly erroneous. See, e.g., United States v. Hansley, 54 F.3d 709, 716 (11th Cir.)

John C. Martin v. Robert M. Guillot, Individually and in His Official Capacity as President of the University of North Alabama Billy Don Anderson, C. L. Beard, John T. Bulls, Jr., L. Lonnie Flippo, H. Grady Jacobs, E. A. Nelson, Jr., Mary Ella Potts, Jesse Rush, Gene Sanderson, Wayne Teague and George C. Wallace, in Their Official Capacities as Trustees of the University of North Alabama, John C. Martin v. Robert M. Guillot, Billy Don Anderson, C. Leonard Beard, John T. Bulls, Lonnie Flippo, Alex Nelson, Jr., Mary Ella Potts, Jesse L. Rush and Gene Sanderson, Individually and in Their Official Capacities as Officers and Trustees of the University of North Alabama, John C. Martin v. Robert M. Guillot, Individually and in His Official Capacity as President of the University of North Alabama, John C. Martin v. Robert M. Guillot

875 F.2d 839 · Court of Appeals for the Eleventh Circuit · Jun 14, 1989

Regarding the request for compensation, the court ruled that the trustees, sued only in their official capacities, were immune from money judgments except for attorneys' fees and expenses. … determining the civil or criminal character of a contempt order is 'the apparent purpose of the trial court in issuing the contempt judgment,' a punitive purpose or one 'designed to vindicate the authority of the court' establishing

United States v. Chastain

198 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Dec 30, 1999

He was clearly qualified as an expert. Federal Rule of Evidence 702 permits expert testimony to be admitted when it is helpful to the finder of fact in determining a fact in issue. … This information was clearly relevant to establishing the existence of a conspiracy to smuggle marijuana by using an airplane.

United States v. Lorenzo Lee, A/K/A Ponytail Terrance Lanea Hires

68 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Nov 9, 1995

Both Lee and Hires also appeal their sentencing by arguing that the district court’s findings of fact were clearly erroneous. We consider each of these issues separately below. … In Russell’s case, however, we find that his penal interest fails to qualify as a “sufficient indicia of reliability”, particularly in view of Russell’s status as a fugitive from justice.

Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale

11 F.4th 1266 · Court of Appeals for the Eleventh Circuit · Aug 31, 2021

The Park Rule therefore cannot qualify as a valid regulation of the Plaintiffs’ expressive conduct. 61  USCA11 Case: 19-13604 Date Filed: 08/31/2021 Page: 62 … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.”).

Connie Bishop v. Ross Earle & Bonan, P.A.

817 F.3d 1268 · Court of Appeals for the Eleventh Circuit · Mar 25, 2016

The term “any provision” clearly includes § 1692g; there is nothing elsewhere in the statute to suggest an exemption. … —the same company the attorney had initially contacted—and was clearly responding to the attorney’s verification request.

United States v. Cassandra Harris Parker

Court of Appeals for the Eleventh Circuit · Mar 5, 2026

Here, the district court did not clearly err in determining the loss amount and imposing the ten-level increase. … Furthermore, the evidence established that Parker v.

United States v. Brinson Allen

374 F. App'x 944 · Court of Appeals for the Eleventh Circuit · Apr 2, 2010

The District Court Did Not Clearly Err in Calculating the Loss Amount. … The district court did not clearly err when it found that Allen intended a loss of $825,000.

Haas v. Internal Revenue Service

31 F.3d 1081 · Court of Appeals for the Eleventh Circuit · Sep 13, 1994

The district court makes no independent fae-tual findings; accordingly, we review solely the bankruptcy court’s findings of fact under the “clearly erroneous” standard. Rush v. … The certainty afforded results from the structure of the Act; where the security interest as defined under the Act qualifies for priority, this ends the inquiry. S.Rep.

Kirkpatrick v. J.C. Bradford & Co.

827 F.2d 718 · Court of Appeals for the Eleventh Circuit · Sep 15, 1987

Contrary to the court’s conclusions, these claims involve common issues that clearly overwhelm the individual issues that may be present. … Even where these two requirements are satisfied, however, named plaintiffs might not qualify as adequate class representatives because they , do not possess the personal characteristics and integrity necessary to fulfill

David Charles Sussman v. Sgt. Trevor Hampton

703 F. App'x 761 · Court of Appeals for the Eleventh Circuit · Jul 14, 2017

not clearly foreshadowed.” … It also would produce a “leaky filter,” as it would allow certain three-strikers (those who appealed one or more prior qualifying dismissals) to pursue civil lawsuits in forma pauperis, which is precisely what § 1915(g