Case law

SEC v. Adler

137 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Mar 27, 1998

Trading on such information qualifies as a 'deceptive device' under § 10(b).” … However, it is also well established that this inference of possession is rebuttable. In Freeman v.

Eliezer Taveras v. Florida Department of Transportation

Court of Appeals for the Eleventh Circuit · Feb 19, 2026

The district court abuses its discretion when it “applies the wrong law, follows the wrong pro- cedure, bases its decision on clearly erroneous facts, or commits a clear error in judgment.” … Second, Taveras failed to establish how his allegations of fraud and misrepresentation would impact the court’s ultimate dismissal on the grounds of Eleventh Amendment immunity, duplicative claims, and

Nathan Smith vs Gary Hutchins, Sheriff, Edward J. Tarver, United States Attorney

426 F. App'x 785 · Court of Appeals for the Eleventh Circuit · May 12, 2011

Right of Access to Courts “It is now clearly established that prisoners have a constitutional right of access to the courts.” Barbour v. Haley, 471 F.3d 1222, 1225 (11th Cir. 2006) (citing Bounds v. … of access to the 7 courts, this Court has indicated that the constitutional right of access to the courts is “grounded in the First Amendment, the Article IV Privileges and Immunities

United States v. Stephen M. Lovell

579 F. App'x 875 · Court of Appeals for the Eleventh Circuit · Sep 11, 2014

Because more than one person can qualify as an organizer or leader of a conspiracy, the defendant need not be the sole leader of the conspiracy for the enhancement to apply. U.S.S.G. § 3B1.1, comment. … Reviewing for clear error, we find sufficient evidence to support the district court’s application of the § 3B1.1(a) organizer or leader enhancement because the government established by a preponderance of the evidence

Smith v. Lockheed Martin Corp.

644 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Jun 30, 2011

When, as here, the plaintiff claims that his employer discharged him on account of his race, he must establish four elements: (1) that he is a member of a protected class (here, Caucasian15 ); (2) that he was qualified … Here, Lockheed admitted that those two elements had been established.

Sammy E. Simpson, II v. AL Dept of Human Resources

311 F. App'x 264 · Court of Appeals for the Eleventh Circuit · Feb 11, 2009

To establish a prima facie case of discrimination under the Rehabilitation Act, the plaintiff must show that he was: (1) disabled or perceived to be disabled; (2) a qualified individual; and (3) discriminated against on … The fact that Wayne Sellers, Director of the Marshall County DHR, may have been aware of Simpson’s conditions while he was employed by the DHR was clearly insufficient to establish that Sellers perceived him to have a disability

United States v. Demetrius Floyd

Court of Appeals for the Eleventh Circuit · Jan 15, 2026

“After eligibility is established, we review a district court’s denial of a prisoner’s § 3582(c)(1)(A) motion for abuse of discretion.” Id. … “A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making its determination, or makes clearly erroneous factual findings.” Id.

Ralph D. Harris and Joan F. Harris v. United States

768 F.2d 1240 · Court of Appeals for the Eleventh Circuit · Aug 14, 1985

Both said clearly that the language at issue created a tax exemption for U.S. citizen PCC employees in both countries. … We reject the government’s attempt to establish intent through documents it prepared after the fact. 9 Cf. Consumer Product Safety Commission v.

Amer. Red Cross v. Palm Beach Blood

143 F.3d 1407 · Court of Appeals for the Eleventh Circuit · Jun 16, 1998

We will not disturb the district court’s factual determinations unless they are clearly erroneous. See id. at 599. A. … After reviewing the incomplete record in this case, we are unable to determine that Red Cross is substantially likely to establish that its donor lists are trade secrets.

United States v. Riley Graham

Court of Appeals for the Eleventh Circuit · Jun 14, 2011

Graham that even a very intelligent person—clearly Mr. Graham is that—benefits from having counsel because counsel adds respectability and can advocate on someone’s behalf. … Regardless of the applicable standard of 23 review, the record clearly shows that Key was testifying based on his own personal knowledge as a former attorney who had engaged in

Edward Braggs v. Commissioner, Alabama Department of Corrections

Court of Appeals for the Eleventh Circuit · Jun 24, 2026

Kemp, 891 F.2d 829, 833–34 (11th Cir. 1990) (collecting cases and holding that pris- oners have a clearly established constitutional right to psychiatric care). … Due to shortages of qualified staff the DOC regularly re- lied on “unsupervised, unlicensed counselors” known as “mental health professionals” to treat inmates. See id. at 105.

Antonio Saldana Hernandez v. City of Hoover, AL

212 F. App'x 774 · Court of Appeals for the Eleventh Circuit · Oct 31, 2006

The district court held that Officer Pugh had carried his burden on summary judgment of demonstrating that there were no material facts in dispute and that Officer Pugh was entitled to the protection of qualified immunity … Therefore Officer Pugh is entitled to the protection of qualified immunity and the judgment of the district court is affirmed. AFFIRMED. 4

Dieter Riechmann v. Florida Department of Corrections

940 F.3d 559 · Court of Appeals for the Eleventh Circuit · Oct 7, 2019

A federal court making an “unreasonable application” inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable. Bell v. Cone, 535 U.S. 685, 694, 122 S. … For all these reasons, the Florida Supreme Court’s decision denying Riechmann’s Brady claim is not based on an unreasonable determination of the facts and is not contrary to, or an unreasonable application of, clearly established

Jane Doe v. Roy Black

Court of Appeals for the Eleventh Circuit · Apr 18, 2014

After Jane Doe No. 2 joined the initial petition, the district court found that both women qualified as “crime victims” under the Act. 18 U.S.C. § 3771(e). … These claims of privilege, however tenuous, are sufficient to establish jurisdiction under Perlman.

Schwarz v. City of Treasure Island

544 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Oct 8, 2008

Compare Robinson v. 12 Lofts Realty, Inc., 610 F.2d 1032, 1036 (2d Cir. 1979) (noting that “dwelling” “clearly” includes “cooperative apartment buildings”), with Schneider v. County of Will, 190 F. … But simply showing that a few houses are affected by an ordinance does not come close to establishing disparate impact.

United States v. Vaughn Alexander Cropper

Court of Appeals for the Eleventh Circuit · May 4, 2020

The following facts were established at trial. … Thus, to establish plain error, Cropper must present controlling authority that clearly establishes that the district court erred. Id. at 1238-39.

William L. Tippens, Deceased, Nell P. Tippens, Individually and as Widow of William L. Tippens v. The Celotex Corporation

815 F.2d 66 · Court of Appeals for the Eleventh Circuit · Apr 20, 1987

Both points of error represent an incorrect reading of our holding which we feel compelled to address in order to avoid a similar misinterpretation by others. 2 This Court is clearly familiar with our holding in Blackston … case, noting that [w]hile it is much less likely that an affidavit which precedes a weak deposition is filed as a transparent sham than is a discrediting affidavit which is filed after a weak deposition which failed to establish

Albert T. Owens v. Secretary, Florida Department of Corrections

602 F. App'x 475 · Court of Appeals for the Eleventh Circuit · Feb 26, 2015

“Second, the plaintiff must establish that the official acted with deliberate indifference, i.e., the official subjectively knew of and disregarded the risk of serious harm, and acted with more than mere negligence.” … Clearly then, no reasonable modification was necessary to avoid discrimination against Owens on the basis of a disability.

United States v. Fausto Aguero Alvarado

Court of Appeals for the Eleventh Circuit · Mar 7, 2023

The factors cited by Defend- ant do not qualify. … Defendant’s argument that we should disregard Bryant is thus clearly unavailing.

Evans v. Stephens

387 F.3d 1220 · Court of Appeals for the Eleventh Circuit · Oct 14, 2004

It clearly cannot be a vacancy that happens while the Senate is in session. … Chadha, 462 U.S. 919 , 942 at n. 13, 103 S.Ct. 2764 , 77 L.Ed.2d 317 (1983) (rejecting the argument that a law dating back to 1940 is immune to the constitutional scrutiny of courts simply because it was passed by Congress