Case law

Jonathon Edward Kelley v. Ga. Dept. of Corr.

145 F. App'x 329 · Court of Appeals for the Eleventh Circuit · Aug 17, 2005

A claim is frivolous if it is based on an indisputably meritless legal theory or, after piercing the veil of the complaint, the court determines that the factual allegations are clearly baseless. Neitzke v. … “To sustain a cause of action based on section 1983, [a plaintiff] must establish two elements: (1) that [he] suffered a deprivation of rights, privileges or immunities secured by the Constitution and laws of the United

Rene Lopez-Portillo v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Dec 26, 2024

the requisite hardship to a qualifying relative is a mixed question of law and fact where the facts are undisputed or otherwise established. … First, the BIA specifically noted that none of the IJ’s factual findings were clearly erroneous.

United States v. Jason Alexander Phifer

904 F.3d 947 · Court of Appeals for the Eleventh Circuit · Sep 21, 2018

. §§ 801-971 ("CSA" or "Act"), established five schedules of controlled substances, which the CSA regulates or prohibits. Touby v. … The DEA's website clearly identifies ethylone as a "positional isomer" of butylone for purposes of Schedule I.

United States v. Jamol Marquise Cuyler

Court of Appeals for the Eleventh Circuit · Feb 8, 2024

And errors are not plain if no controlling Supreme Court or Eleventh Circuit prec- edent establishes that an error occurred. Id. … Cuyler therefore fails to establish that the district court committed plain error.

Eloy Royas Mamani v. Jose Carlos Sanchez Berzain

825 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Jun 16, 2016

They argue that, instead of alleging facts establishing that the defendants “knew or should have known” of the extrajudicial killings, the plaintiffs had to allege facts establishing that the defendants “knew, or consciously … disregarded information which clearly indicated, that the subordinates were committing or about to commit” the extrajudicial killings.

Robert Earl Butts v. GDCP Warden

850 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Mar 9, 2017

There is no clearly established Supreme Court precedent holding that if trial counsel in a death penalty case does not have a certain amount of experience he is per se ineffective. … That clearly did not happen here.

Caro-Galvan v. Curtis Richardson, Inc.

981 F.2d 501 · Court of Appeals for the Eleventh Circuit · Jan 20, 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. … (CCH) p 35,188, at 46,120, 1988 WL 137302 (E.D.Pa.1988) (finding mushroom work temporary or seasonal under AWPA despite fact that employees could qualify for paid vacation and holidays); Marshall v.

Dowd v. International Longshoremen's Association

975 F.2d 779 · Court of Appeals for the Eleventh Circuit · Oct 15, 1992

Further, the pressure by the Japanese Unions clearly was exerted on behalf of ILA. … ILA may not immunize its unfair labor practices by the simple device of selecting a foreign intermediary or by confining its coercion and threats to those participants in the flow of commerce between the United States and

United States v. Dravion Sanchez Ware

69 F.4th 830 · Court of Appeals for the Eleventh Circuit · Jun 1, 2023

Federal Rule of Evidence 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or … Bell, which further relies on cases from other circuits, directly conflicts with established Eleventh Circuit precedent.

Mize v. Jefferson City Board of Education

93 F.3d 739 · Court of Appeals for the Eleventh Circuit · Aug 29, 1996

The Ninth Circuit has stated the point clearly: Inferences must ... be drawn in the light most favorable to the nonmoving party.... … No reasonable jury could conclude that Rooks based his decision not to renew Mize's contract on anything other than his belief that she was not qualified to continue in her position as a special education teacher

United States v. Alred

144 F.3d 1405 · Court of Appeals for the Eleventh Circuit · Jun 30, 1998

In this case, Sconiers would not talk with the government until he received his grand jury subpoena and an offer of immunity. … Because Sconiers had refused to cooperate with the government investigation of the extensive marijuana distribution operation in Holmes County until he was subpoenaed by the grand jury and received immunity, obtaining

United States v. Edson Gelin

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

II In order to qualify for compassionate release, U.S.S.G. § 1B1.13(a)(2) provides that the court must find that the defendant is not a danger to any other person or to the community under … Gelin’s motion for a sentence reduction because it did not clearly err in finding that he posed a danger to the community un- der § 3142(g).

Juan Carlos Chavez v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Feb 10, 2014

We have emphasized that the equitable rule established in Martinez applies only “to excusing a procedural default of ineffective-trial-counsel claims” and, for that reason, has no application to other matters like the … Jones, 100 F.3d 124, 127 (11th Cir. 1996), that does not preclude courts from considering whether a proposed petition would clearly be barred for a reason unrelated to the merits of any substantive claim for relief, such

United States v. Killough

848 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Jul 12, 1988

Defendants in another False Claims Act case alleged they had an agreement with the Assistant United States Attorney that if defendants accepted a grant of immunity and testified for the government, defendants would not be … It was imperative for the district judge to apprise the jury that liability for those particular counts had been established.

Irina Tesoriero v. Carnival Corporation

965 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Jul 14, 2020

And in the absence of an established federal maritime rule, we “may borrow from a variety of sources in establishing common law admiralty rules to govern maritime liability where deemed appropriate.” … As a result, Carnival’s policy does not clearly delineate when a doctor should prepare an accident form. 35  Case: 18-11638 Date Filed: 07/14/2020 Page: 36

22 Collier bankr.cas.2d 1286, Bankr. L. Rep. P 73,354 in Re Joseph W. Watford and Doris F. Watford, Debtors. Joseph W. Watford and Doris F. Watford v. Federal Land Bank of Columbia, in Re Joseph W. Watford and Doris F. Watford, Debtors. Joseph W. Watford and Doris F. Watford v. United States of America, Acting Through the Commodity Credit Corporation, an Agency of the United States Department of Agriculture

898 F.2d 1525 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

Sec. 101 (20) were not clearly erroneous. In addition, the court found that the bankruptcy court's determination that the appellants' catfish farming plans were irrelevant was not clearly erroneous. … In re Sobel, 37 B.R. 780, 784 (Bankr.E.D.N.Y.1984), and a fear that some debtors will lie to achieve relief is a disingenuous reason to establish a hard and fast rule which denies truthful debtors relief."

First Nat'l Bank of Boston, In Re:

Court of Appeals for the Eleventh Circuit · Nov 30, 1995

There clearly was complete diversity in Rogers. … The dissent's view would establish a review standard that would preserve and perpetuate similar abuses of discretion by district courts and preclude our review.

Greg Gardner v. Laura McCullough

Court of Appeals for the Eleventh Circuit · Nov 28, 2023

If yes, “such false statements would be enough to establish a claim of malicious prosecution.”2 Id. … We will not address the Defendants-Appellees’ ar- gument regarding qualified immunity for the same reason. AFFIRMED.

Florida Commissioner of Agriculture v. Attorney General of the United States

Court of Appeals for the Eleventh Circuit · Aug 20, 2025

A physician determined that Franklin was eligible to use marijuana for medical purposes under Florida (not federal) law because he had a qualifying medical condition. … In other words, a person convicted of a qualifying crime does not automatically lose his right to keep and bear arms but instead becomes eligible to lose it.” Id. at 453.

Ronald Satish Emrit v. Secretary Miguel Cardona, United States Secretary of Education

Court of Appeals for the Eleventh Circuit · Mar 8, 2021

He asserts the district court erred because he alleged sufficient facts to establish his claims. Emrit was granted in forma pauperis (IFP) status before the district court. … Moreover, § 1915 accords judges the “power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Id.