Case law

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

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).

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.

Bellsouth Advertising & Publishing Corporation v. Donnelley Information Publishing, Inc.

933 F.2d 952 · Court of Appeals for the Eleventh Circuit · Jun 18, 1991

The format of the Yellow Pages before us is sufficiently distinct from the "white pages" phone directory involved in Feist to meet the minimal level of independent creativity required to qualify as original. … The notes themselves clearly never change, but the manner in which the notes arrange, assembled by an inventive mind, is property of a protected kind.

Larry Clark, Sr. v. LC Halsten LLC

Court of Appeals for the Eleventh Circuit · Apr 14, 2026

under the laws”); see also supra at 9–11 (concluding that the allegations fail to establish a viable claim under § 1983). … A preliminary in- junction is “an extraordinary and drastic remedy,” so “its grant is the exception rather than the rule, and [a] plaintiff must clearly carry the burden of persuasion.”

Lyes v. City of Riviera Beach, FL

Court of Appeals for the Eleventh Circuit · Nov 5, 1997

When Lyes asked why she was not offered the position, she allegedly was told by a Board member that she was not qualified because of her sex. … conclude that it is clearly outweighed.

Lyes v. City of Riviera Beach, FL

Court of Appeals for the Eleventh Circuit · Nov 5, 1997

When Lyes asked why she was not offered the position, she allegedly was told by a Board member that she was not qualified because of her sex. … The Executive Director hires and supervises the staff, and the Board may hire, fire, and establish work schedules and assignments.

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.

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.”).

FRIENDS OF THE EVERGLADES v. South Florida Water Management District

605 F.3d 962 · Court of Appeals for the Eleventh Circuit · Jun 4, 2009

Ct. 1504, 1512 (1985), and the defendants do not even challenge them as clearly erroneous. … That context does not, however, establish that the meaning of the statutory language is clear.

Caro-Galvan v. Curtis Richardson, Inc.

993 F.2d 1500 · Court of Appeals for the Eleventh Circuit · Jun 25, 1993

We believe, however, that the legislative history clearly evinces Congress’ intent not to narrow the class of protected workers, notwithstanding the somewhat different language of the two acts. … These regulations recognize that year-round employment may qualify as seasonal within the meaning of AWPA.

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

Gregory Wooden v. Alfredo Armenteros

Court of Appeals for the Eleventh Circuit · Dec 3, 2018

Armenteros’ entitlement to qualified immunity.” However, “[q]ualified or ‘good faith’ immunity is an affirmative defense that must be pleaded by a defendant official.” Harlow v. Fitzgerald, 457 U.S. 800, 815 (1982). … Because Armenteros was not served with the complaint and did not file a motion to dismiss raising the affirmative defense of qualified immunity, we do not consider that defense at this early stage.

Arthur Collins, by and Through J. Benjamin Kay, Iii, as Guardian Ad Litem v. Seaboard Coast Line Railroad Company

675 F.2d 1185 · Court of Appeals for the Eleventh Circuit · May 10, 1982

Clearly, the objection to the hearing of any testimony dealing with subsequent actions was too broad. … In its order, the court clearly stated that defendant was free to produce evidence contradicting these admissions.”

Elizabeth Beverly, Etc. v. John W. MacY Jr., Elizabeth Beverly, Etc. v. National Flood Insurers Association

702 F.2d 931 · Court of Appeals for the Eleventh Circuit · Apr 11, 1983

Thus, the Manual clearly creates a duty to send renewal notices. … DeKalb County, 433 U.S. 25 , 97 S.Ct. 2490 , 53 L.Ed.2d 557 (1977), as clearly distinguishable. .

Bernard Cote v. Philip Morris USA, Inc.

909 F.3d 1094 · Court of Appeals for the Eleventh Circuit · Nov 26, 2018

Berger qualified as a member of the Engle class, found in her favor on all claims, and awarded her $6.25 million in compensatory damages. Jurors also found that Mrs. … Furthermore, to constitute reversable error, statements made in oral argument must be “plainly unwarranted and clearly injurious.” Peterson v. Willie, 81 F.3d 1033, 1036 (11th Cir. 1996).

TocMail Inc. v. Microsoft Corporation

67 F.4th 1255 · Court of Appeals for the Eleventh Circuit · Apr 25, 2023

TocMail alleged that it offered the “only time-of-click redirection service immune to this attack.” … —when the plaintiff, typically a commercial competitor of the defendant, clearly has standing.” Id. But this presumption alone cannot serve to prove standing. See id.

United States v. Jose Vincente Rameriz-Rodriguez

628 F. App'x 658 · Court of Appeals for the Eleventh Circuit · Oct 6, 2015

A defendant qualifies as a “minor participant” if he is “less culpable than most other participants” but had more than a “minimal” role in the offense. See id. cmt. n.5. … We review for clear error a district court’s determination that a defendant does not qualify for a minor role adjustment. See United States v. Rodriguez De Varon, 175 F.3d 930, 937 (11th Cir. 1999) (en banc).

United States v. Nidal Badawi

616 F. App'x 408 · Court of Appeals for the Eleventh Circuit · Sep 21, 2015

Whether a defendant qualifies for a minor-role reduction is a finding of fact that we review for clear error. United States v. Rodriguez De Varon, 175 F.3d 930, 937 (11th Cir. 1999) (en banc). … The defendant bears the burden of establishing a minor role by a preponderance of the evidence. Id. at 934.

Black Voters Matter Fund v. Secretary of State for the State of Georgia

11 F.4th 1227 · Court of Appeals for the Eleventh Circuit · Aug 27, 2021

We did not say this in Jones, and it is clearly not the case. While the cost of postage “is not a ‘penalty’ to punish unlawful behavior,” that by no means automatically renders it a tax. … It was also established in the law of many states. See, e.g., Leggett v. Mo. State Life Ins.