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  • Estelle Smith v. Richard L. LePage, Jr.

    834 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Aug 25, 2016

    Second, the violated right was clearly established at the time of the shooting. … Georgia has an analogue to qualified immunity called “official immunity.” See Jordan v. Mosley, 487 F.3d 1350, 1357 (11th Cir. 2007).

    Cited 115 timesPublished
  • Davis v. Carter

    555 F.3d 979 · Court of Appeals for the Eleventh Circuit · Jan 23, 2009

    P. 12(b)(6), arguing the complaint failed to state a claim and they were entitled to qualified immunity. … We need not reach the second part of the qualified immunity analysis. III. The defendant coaches are entitled to qualified immunity under the facts of this case.

    Overruled in part, on other grounds by Randall v. Scott, 610 F.3d 701 (2010)Cited 66 timesPublished
  • James Hill v. Madison County School Board

    797 F.3d 948 · Court of Appeals for the Eleventh Circuit · Aug 12, 2015

    Qualified immunity, however, offers complete protection for individual government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … A right may be clearly established for qualified immunity purposes in one of three ways: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

    Cited 144 timesPublished
  • Vaughan v. Cox

    343 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Aug 29, 2003

    Is Deputy Cox entitled to qualified immunity? … But Cox is not foreclosed from asserting a qualified immunity defense at trial. If the jury were to accept Cox’s version of the facts, the qualified immunity analysis would be changed.

    Cited 191 timesPublished
  • Jerry Nelson v. Keyvon Sellers

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

    clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

    Cited 0 timesPublished
  • Arthur Huggins v. School District of Manatee County

    Court of Appeals for the Eleventh Circuit · Aug 15, 2025

    Qualified Immunity We begin with qualified immunity. … Stat. § 1001.48, qualified immunity would not protect her from liability. Officials performing discre- tionary functions are still liable for violations of clearly established rights.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • Eubanks v. Gerwen

    40 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Dec 22, 1994

    This Circuit has prescribed a two-part analysis for the defense of qualified immunity. … of fact must be resolved to determine if the government official’s conduct violated clearly established law.

    Cited 48 timesPublished
  • Leslie Baas v. Michael A. Fewless

    886 F.3d 1088 · Court of Appeals for the Eleventh Circuit · Apr 2, 2018

    immunity, we must “evaluate whether [the] allegations, if true, establish a violation of a constitutional or statutory right,” and if so, whether that right was “clearly established” such that it “provided fair warning … Appellees are therefore entitled to qualified immunity.

    Cited 14 timesPublished
  • Montanez v. City of Orlando

    678 F. App'x 905 · Court of Appeals for the Eleventh Circuit · Feb 2, 2017

    However, the doctrine of 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 … Once “the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

    Cited 7 timesPublished
  • Jean-Baptiste v. Gutierrez

    627 F.3d 816 · Court of Appeals for the Eleventh Circuit · Dec 6, 2010

    Officer Gutierrez moved for summary judgment based on qualified immunity. … Officer Gutierrez argued that he acted reasonably in using deadly force to protect himself and persons near the scene and, in the alternative, his actions did not violate clearly established law.

    Cited 228 timesPublished
  • Kameron Butler v. Charlene Smith

    85 F.4th 1102 · Court of Appeals for the Eleventh Circuit · Oct 27, 2023

    Finally, a brief word about qualified immunity. … Because Officer Smith’s assertion of qualified immunity can be defeated only by a showing of “clearly established” law, we will review not for actual probable cause but rather for “‘arguable’ probable

    Cited 32 timesPublished
  • Hjalmar Rodriguez, Jr. v. Edward H. Burnside

    38 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jun 30, 2022

    And even if they were, qualified immunity would protect the officials because the types of shower rights the inmate seeks are not clearly established. We affirm the district court. … Under the doctrine of qualified immunity, public officials may not be held liable for damages under § 1983 unless it is shown that they violated “a constitutional right that was clearly established at the time of the challenged

    Cited 17 timesPublished
  • Patrick James Grider v. City of Auburn, Alabama

    Court of Appeals for the Eleventh Circuit · Sep 7, 2010

    Alternatively, at a minimum, Plaintiffs have not shown Meeks violated clearly established federal law. … Finally, to avoid qualified immunity, the Griders must establish that Meeks’s allegedly discriminatory calculations violated clearly established law. See Vinyard v. Wilson, 311 F.3d 1340, 1351–52 (11th Cir. 2002).

    Cited 0 timesPublished
  • Abigail Marbut v. Matthew Phillips

    Court of Appeals for the Eleventh Circuit · May 22, 2026

    The district court granted summary judgment for the officers based on qualified immunity. Because the officers did not violate Marbut’s clearly established Fourth Amendment rights, we affirm. … So the question for us is whether the officers violated her clearly established constitutional rights.

    Cited 0 timesPublished
  • Thomas Berdin, Cross-Appellants v. John Duggan, Cross-Appellees

    701 F.2d 909 · Court of Appeals for the Eleventh Circuit · Apr 1, 1983

    Duggan’s Qualified Immunity Mayor Duggan asserts that his action of firing Berdin 12 is protected by a qualified immunity. 13 Certainly, a qualified immunity does exist for certain executive officers for discretionary acts … However, the defense of qualified immunity is unavailable to government officials who, though otherwise covered, act in such a manner as to be violative of clearly established statutory or constitutional law. Harlow v.

    Cited 45 timesPublished
  • Roberto Valderrama v. Officer Carl Rousseau

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

    It is clearly established that an arrest made without probable cause is a violation of an arrestee’s clearly established Fourth Amendment rights. 5 See Redd v. … not clearly established.

    Cited 0 timesPublished
  • William J. Crosby v. Monroe County

    394 F.3d 1328 · Court of Appeals for the Eleventh Circuit · Dec 28, 2004

    To be eligible for qualified immunity, the official must first establish that he was performing a “discretionary function” at the time the alleged violation of federal law occurred. Id. at 1263–64. … the defendant violated was “clearly established” at the time he did it.

    Cited 327 timesPublished
  • Eubanks v. Gerwen

    40 F.3d 1157 · Court of Appeals for the Eleventh Circuit · Dec 22, 1994

    This Circuit has prescribed a two-part analysis for the defense of qualified immunity. … of fact must be resolved to determine if the government official's conduct violated clearly established law.

    Cited 38 timesPublished

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