Case law

Michael Baxter v. Louis Roberts, III

Court of Appeals for the Eleventh Circuit · Nov 30, 2022

We begin with the standard for qualified immunity: “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … We next consider the “clearly established” prong of the qualified immunity analysis. Grider, 618 F.3d at 1254.

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.

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.

Marques Johnson v. James Dunn

91 F.4th 1114 · Court of Appeals for the Eleventh Circuit · Jan 30, 2024

Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … But because Johnson has not satisfied the “clearly established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need

Travers v. Jones

323 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Mar 11, 2003

Sparks, 248 F.3d 1117, 1122 (11th Cir.2001). 5 The law is clearly established that an employer may not demote or discharge a public employee for engaging in protected speech. See Rankin v. … CEO Jones and Chief Wilder are entitled to qualified immunity. 16 REVERSED.

Willie Mathews v. James McDonough

480 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Mar 16, 2007

Wilson, 311 F.3d 1340, 1346 (11th Cir. 2002)).4 Once eligibility for qualified immunity is established, the burden shifts to the plaintiff to show that qualified immunity is not appropriate. … Clearly Established Law Crosby argues that even if Mathews can establish a constitutional violation, Crosby is protected by qualified immunity because Mathews has failed to show that it was clearly established at

Fred Dalton Brooks v. Warden

800 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Sep 3, 2015

The plaintiff must also navigate around the doctrine of qualified immunity. … After the defendant has established that he was acting in a discretionary capacity, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

Marilyn Greason v. Ralph Kemp

891 F.2d 829 · Court of Appeals for the Eleventh Circuit · Jan 9, 1990

Harlow’s ‘clearly established’ standard demands that a bright line be crossed. … of what the doctrine of qualified immunity is intended to do.

Jones v. Preuit & Mauldin

851 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Aug 10, 1988

Qualified immunity is not available if the defendants reasonably should have known that their conduct violated Jones' clearly established constitutional right. See Anderson v. … Therefore, even under a qualified immunity analysis, I would hold that P & M violated Jones' clearly established constitutional rights because the attachment procedure it employed did not provide Jones with preseizure notice

Melanie Martinez, Cross-Appellee v. The City of Opa-Locka, Florida, a Municipal Corporation, Marcia L. Connor, Individually, Cross-Appellant

971 F.2d 708 · Court of Appeals for the Eleventh Circuit · Sep 10, 1992

A municipal official is entitled to qualified immunity for actions taken pursuant to their discretionary authority if a reasonable official could have believed that his or her actions were lawful in light of clearly established … Consequently, Connor was not entitled to the qualified immunity defense. IY.

Michael P. Brannon, Psy. D. v. Howard Finklestein

754 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Jun 18, 2014

“Qualified immunity provides protection for government officials performing discretionary functions and sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … Put another way, the official is entitled to such immunity unless he both (1) violates clearly established law and (2) was aware or reasonably should have been aware that he was doing it.

Matthew Reid Hinson v. R.A. Bias

927 F.3d 1103 · Court of Appeals for the Eleventh Circuit · Jun 14, 2019

Because Defendant Officers have established that they were acting within the scope of their discretionary authority, the burden shifts to Hinson to demonstrate that qualified immunity is inappropriate. See id. … And since no Fourth Amendment violation was established, the Officers who allegedly failed to intervene to stop the use of force in Hinson’s arrest are also entitled to qualified immunity. B.

Edeline Julmisse Prosper v. Anthony Martin

989 F.3d 1242 · Court of Appeals for the Eleventh Circuit · Mar 5, 2021

he violated Prosper’s constitutional rights, those rights were not “clearly established.” … A plaintiff may show that a right was “clearly established” through: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within the Constitution,

Woods v. Gamel

132 F.3d 1417 · Court of Appeals for the Eleventh Circuit · Jan 14, 1998

clearly established. … Legislative immunity was established in the Speech and Debate Clause of the United States Constitution. U.S. Const. art. I, § 6, cl. 1.

Amy Corbitt v. Michael Vickers

Court of Appeals for the Eleventh Circuit · Jul 10, 2019

immunity analysis requires a clearly established right to be defined with specificity. … establish a right for qualified immunity purposes,” Gilmore v.

Racheal Gantt v. Deputy Everett

Court of Appeals for the Eleventh Circuit · Dec 18, 2025

After discovery, Everett moved for summary judgment based on qualified immunity. The district court denied the motion. … The official invoking qualified immunity has the initial burden to establish that she was acting within her discretionary authority. Id.

Parker v. Williams

862 F.2d 1471 · Court of Appeals for the Eleventh Circuit · Jan 11, 1989

Amerson did assert qualified immunity at trial, but the district court held that he was not entitled to such immunity. Because the availability of qualified immunity is a question of law, Mitchell v. … The doctrine is available to the extent the “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id.

Peter Evans v. City of Zebulon, Georgia

407 F.3d 1272 · Court of Appeals for the Eleventh Circuit · May 9, 2005

Qualified Immunity Qualified immunity is an affirmative defense available to public officers acting within the scope of their discretionary authority. Harbert Int’l Inc. v. … When case law is needed, only cases from the Supreme Court, our Circuit or the highest court of the pertinent state clearly establish the law in the Circuit for qualified immunity analysis. Marsh, 268 F.3d at 1033 n. 10.

Crawford v. Carroll

529 F.3d 961 · Court of Appeals for the Eleventh Circuit · Jun 3, 2008

Harland, 370 F.3d 1252, 1264 (11th Cir. 2004), we proceed to the two-part test established by the Supreme Court for evaluating a claim of qualified immunity. … “For the law to be clearly established to the point that qualified immunity does not apply, the law 19 As previously noted, the only claim that remains against Johnston is for race discrimination, not

Grayden v. Rhodes

345 F.3d 1225 · Court of Appeals for the Eleventh Circuit · Sep 17, 2003

long as their conduct does not violate clearly established statutory or constitutional rights. … In sum, a government official is not entitled to qualified immunity if his or her conduct violated a clearly established statutory or constitutional right and if the contours of the right were defined with such clarity that