Case law

United States v. Jemone Lawrence Walker

Court of Appeals for the Eleventh Circuit · Oct 30, 2019

Scott, 263 F.3d 1270, 1273–74 (11th Cir. 2001) (concluding that the jurisdictional element of the statute immunizes § 922(g)(1) from facial constitutional attack); United States v. … That error is plain when the legal rule is already clearly established. United States v. Hesser, 800 F.3d 1310, 1325 (11th Cir. 2015) (per curiam).

Key Enterprises of Delaware, Inc. v. Venice Hospital, Sammett Corporation and Medicare Patient Aids Center, Gulf Area Diversified Services

919 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Dec 28, 1990

‘But the word “right” is one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion. Most rights are qualified.’ ” Lorain Journal Co. v. … The word “induce” clearly contemplates conduct short of an absolute command. The commentators take this a step further.

Engineering v. Metropolitan Dade

Court of Appeals for the Eleventh Circuit · Sep 2, 1997

Specifically, the programs establish preferences for construction enterprises owned and controlled by blacks, Hispanics, or women. … As we explained in Ensley Branch, "[c]ertain aspects of this inquiry are well established." 31 F.3d at 1565.

Eric Robert Rudolph v. United States

Court of Appeals for the Eleventh Circuit · Feb 12, 2024

The “glory of the English law consists in clearly defining the times, the causes, and the extent, when, wherefore, and to what degree, the imprisonment of the subject may be lawful.” 3 William Blackstone … Even if we were inclined to change course here— which we are not—Rudolph would not qualify for relief for any number of reasons.

United States v. Justo Jonah Santos

947 F.3d 711 · Court of Appeals for the Eleventh Circuit · Jan 9, 2020

The policy does not require an adjudications officer to confirm answers when the questions clearly do not pertain to the applicant. … the burden is on the applicant to establish his eligibility for naturalization.

Pensacola Motor Sales Inc. v. Eastern Shore Toyota, LLC

684 F.3d 1211 · Court of Appeals for the Eleventh Circuit · Jun 21, 2012

Because the evidence supported the district court’s finding that Eastern Shore was not likely to infringe on the Bob Tyler trademark in the future, that finding is not clearly erroneous, there is a reasonable basis for … To qualify for that safe harbor, Eastern Shore must have had both a subjective belief and an objectively reasonable belief in the lawfulness of its actions.

Jeffery Lee v. Commissioner, Alabama Department of Corrections

726 F.3d 1172 · Court of Appeals for the Eleventh Circuit · Aug 1, 2013

After review and oral argument, we affirm because the state courts’ denial of Lee’s claims was not contrary to or an unreasonable application of clearly established federal law under 28 U.S.C. § 2254 (d). … established federal law.

United States v. Aunyis Cherry

Court of Appeals for the Eleventh Circuit · Feb 5, 2025

As relevant here, summary disposition is appropriate when “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the … To show plain error, a defendant must establish: (1) there was error; (2) that was plain; (3) that affected the defendant’s substantial rights; and (4) that seriously affected the fairness, integrity,

Ira Koves v. City of Orlando

319 F. App'x 783 · Court of Appeals for the Eleventh Circuit · Mar 16, 2009

The district court held that the officers were entitled to 4 qualified immunity against Koves’s allegations of false arrest and excessive force because the officers had probable … The record does not establish that Koves opposed the motions for summary judgment. Koves asserts that he filed an opposition that was untimely, but there is no entry on the docket sheet to support Koves’s assertion.

United States v. Christopher Plummer

221 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

Others are such that to limit  their locus to the strictly territorial jurisdiction would be greatly to curtail the scope and usefulness of the statute and leave open a large immunity for frauds as easily … Contrary to the district court's suggestion, Congressional intent to extend the TWEA to acts occurring outside U.S. territory clearly may be inferred from the language of the statute as well as the nature of the harm the

Albright v. Columbia County Board of Education

135 F. App'x 344 · Court of Appeals for the Eleventh Circuit · Jun 16, 2005

To establish a prima facie case of discrimination under the ADA, an employee must show that she (1) has a disability; (2) is qualified, with or without reasonable accommodations; and (3) was unlawfully discriminated against … The court concluded that Albright was disabled under the ADA, and was qualified for the position, but also concluded that she did not establish that she was discriminated because of her disability.

United States v. Campbell

223 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Aug 22, 2000

His experience may well have qualified him as an expert under Fed. R. Evid. 702 to state opinions of this kind. … Surely this procedural rule cannot immunize the government from the wrong of using evidence that it knows is tainted. This court does not adequately treat an error of constitutional dimension.

United States v. Arturo Carillo-Ayala

Court of Appeals for the Eleventh Circuit · Mar 22, 2013

. § 2D1.1(b). 3 Even so, he did argue that he qualified for the safety valve. … But sentencing proceeded on the assumption that Carillo would qualify if he met the second criterion.

Befaithful Coker v. Slyvester Warren, III

Court of Appeals for the Eleventh Circuit · Jun 4, 2025

Still, Coker has not challenged the district court’s conclusions that Judge Fina was immune from suit under the Eleventh Amendment and was entitled to absolute judicial immunity. … All three re- quirements were necessary, and the failure to establish any of them deprives a federal court of jurisdiction. See id.

Birnholz v. 44 Wall Street Fund, Inc.

880 F.2d 335 · Court of Appeals for the Eleventh Circuit · Aug 10, 1989

In contrast, the supreme court has defined substantive law “as that ... which creates, defines, and regulates rights, or that part of the law which courts are established to administer.” Id. … The amended statute did not withdraw the exemption, nor change the requirements for qualifying for it nor alter its duration.

United States v. Drury

396 F.3d 1143 · Court of Appeals for the Eleventh Circuit · Sep 2, 2003

Tribe, Intergovernmental Immunities in Litigation, Taxation, and Regulation: Separation of Powers Issues in Controversies About Federalism, 89 Harv. L. Rev. 682, 695 (1976)). … Here, after reviewing the proffered statement, the district court concluded that “[i]n my view, the conditions established by this case of the admissibility of such a statement have not been established here.”

Miccosukee Tribe of Indians of Florida v. USA

716 F.3d 535 · Court of Appeals for the Eleventh Circuit · May 15, 2013

According to the Corps, those easements essentially rendered it immune from the Tribe’s suit for injunctive relief from the flooding of tribal lands. … We disagree; the interests obviously qualify as a property entitled to procedural due process protection.

Inversiones Y Procesadora Tropical Inprotsa, S.A. v. Del Monte International GMBH

921 F.3d 1291 · Court of Appeals for the Eleventh Circuit · Apr 23, 2019

The relevant inquiry, then, is whether Industrial Risk has been clearly overruled by the Supreme Court. It has not. … But the authorities on which INPROTSA relied to establish its contention that Florida law would not permit the award are not clearly on point—that is, they do not deal with a disgorgement award based on revenues where

Ricky D. Adkins v. Warden, Holman CF

Court of Appeals for the Eleventh Circuit · Feb 27, 2013

It is thus abundantly clear that this principle is clearly established federal law. … Batson clearly established that the Alabama Court of Criminal Appeals was required to consider all relevant circumstances in making its ultimate factual determination.

Gregory King v. Warden, FCC Coleman - Medium

592 F. App'x 835 · Court of Appeals for the Eleventh Circuit · Nov 24, 2014

FCI-Miami, 757 F.3d 1283, 1285 (11th Cir. 2014) (citing Bryant, 738 F.3d at 1274). 4  Case: 13-15632 Date Filed: 11/24/2014 Page: 5 of 6 King clearly … beyond a reasonable doubt that he had three prior convictions that qualified as ACCA predicates.