Case law

Holloman Ex Rel. Holloman v. Harland

370 F.3d 1252 · Court of Appeals for the Eleventh Circuit · May 28, 2004

judgment on qualified immunity grounds. … Consequently, once we deny defendants summary judgment on qualified immunity grounds because the plaintiff has alleged violations of clearly established rights, the defendants may not later attempt to re-assert qualified

Ronald Hunter, Jr. v. Leeds, City of

941 F.3d 1265 · Court of Appeals for the Eleventh Circuit · Nov 1, 2019

The Alabama Supreme Court has largely equated qualified immunity with discretionary-function immunity, and so the same facts which establish an entitlement to qualified immunity may also establish that the officers are … By the same token, the same facts that establish that Kirk is not entitled to qualified immunity also establish that he is not entitled to discretionary-function immunity.

Theresa St. George v. Pinellas County

285 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Mar 21, 2002

The motion to dismiss will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Id. (citing Williams v. Ala. State Univ., 102 F.3d 1179, 1182 (11th Cir. 1997)). … George by Mitchell, June 23, 1997, the law was clearly established that an excessive force claim against a police officer must 6 be analyzed under the Fourth Amendment and its

Roberts v. Spielman

643 F.3d 899 · Court of Appeals for the Eleventh Circuit · Jun 14, 2011

Deputy Spielman moved for summary judgment based on qualified immunity. … BACKGROUND FACTS “We review de novo the denial of a motion for summary judgment based on qualified immunity.” Jean-Baptiste v. Gutierrez, 627 F.3d 816, 820 (11th Cir. 2010).

Jerry M. Stanley v. City of Dalton, Georgia

219 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Jul 26, 2000

11 interlocutory appeal of the denial of qualified immunity where the disputed issue is whether the official’s conduct violated clearly established law. … immunity analysis of whether the defendant’s conduct violated clearly established law.”

Sharon Courson v. Quinn A. McMillian Individually and as Sheriff of Walton County, a Political Subdivision of the State of Florida, Jim Roy

939 F.2d 1479 · Court of Appeals for the Eleventh Circuit · Aug 30, 1991

(“To defeat a qualified immunity defense, plaintiff bears the burden of showing that ‘the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly … Rich recognizes two situations where qualified immunity is accorded to government officials: 1) when the law that they allegedly violated is not clearly established, see, e.g., Clark v.

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley’s acts, as established by the record before us, violated no clearly established law. C.

Martha Hoyt v. Bernard Cooks

672 F.3d 972 · Court of Appeals for the Eleventh Circuit · Feb 27, 2012

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … ’s actions was clearly established at the time of the incident.

Sylvan Plowright v. Miami Dade County

102 F.4th 1358 · Court of Appeals for the Eleventh Circuit · Jun 5, 2024

The district court dismissed Plowright’s complaint, con- cluding among other things that Cordova was entitled to qualified immunity because he did not violate any clearly established right when he … The right in question was clearly established. Plausibly alleging a constitutional violation is insufficient on its own to overcome qualified immunity.

Travis Rickey Childress, Slaton Jenkins Childress, Gary Dennis Childress v. Small Business Administration, A.G. McClearen and Clyde Rice, Jr.

825 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Aug 31, 1987

We nonetheless conclude that appellants were entitled to qualified immunity for their actions because they did not act to deny the Childresses this property interest in violation of a clearly-established constitutional norm … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id. at 2816.

Walker v. Schwalbe

112 F.3d 1127 · Court of Appeals for the Eleventh Circuit · May 15, 1997

Standard of Review A district court’s ruling that an official’s conduct violated clearly established law so that the official is not entitled to a ruling of qualified immunity prior to trial is reviewed de novo. … Qualified Immunity Even though Walker has established a genuine issue of material fact, the defendants may be protected from liability by the doctrine of qualified immunity.

Sanders v. Howze

177 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jun 14, 1999

Under the qualified immunity doctrine, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates clearly established … To overcome the defendants’ qualified immunity, plaintiffs must establish that the defendants’ conduct violated a clearly established statutory or constitutional right of which

Johnson v. Clifton

74 F.3d 1087 · Court of Appeals for the Eleventh Circuit · Jan 26, 1996

clearly established law. … of clearly established law.

Pourmoghani-Esfahani v. Gee

625 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Nov 9, 2010

Even if a constitutional violation based on deliberate indifference was shown, Defendant is entitled to qualified immunity. … But we do not rule out today that Defendant might yet be due qualified immunity as the facts become developed.6 The district court’s order denying summary judgment and qualified immunity to Defendant on the claim for deliberate

Askari Abdullah Muhammad, 017434 v. Louie L. Wainwright, Richard Dugger, Clayton C. Strickland, David Watson, Thomas L. Barton, R.R. Music

839 F.2d 1422 · Court of Appeals for the Eleventh Circuit · Dec 28, 1987

Muhammad further argues that because this area of the law was clearly established, defendants should not be permitted to avail themselves of qualified immunity. … Broadly defining “clearly established law” as Muhammad suggests significantly undermines part of the rationale for the qualified immunity defense.

Thomas v. Roberts

323 F.3d 950 · Court of Appeals for the Eleventh Circuit · Mar 10, 2003

The "clear" requirement stems from the fact that the purpose of qualified immunity is to protect government officials performing discretionary functions from civil liability when their actions violate no "clearly established … Plaintiffs insist that "consensus or persuasive authority" from other circuits may create clearly established law.

Jolene Waldron v. Gregory Spicher

954 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Mar 25, 2020

ANALYSIS “Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … The district court denied the deputy’s invocation of qualified immunity, and we reversed.

Hartsfield v. Lemacks

50 F.3d 950 · Court of Appeals for the Eleventh Circuit · Jun 14, 1995

A. 13 This court utilizes a two-part analysis for the defense of qualified immunity. … Alabama A & M University, 28 F.3d 1146, 1149 (11th Cir.1994) (en banc) (citations and footnotes omitted). 18 In Lassiter, we explained that for law to be clearly established in the qualified immunity context, "pre-existing

Stewart v. Baldwin County Board of Education

908 F.2d 1499 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

QUALIFIED IMMUNITY Defendants appeal the refusal of the district court to grant summary judgment in their favor on the basis of their qualified immunity defense. … Dollar, 841 F.2d 1558, 1564 (11th Cir.1988). 1 If the law that the defendants allegedly violated was not clearly established, then the defendants are entitled to qualified immunity. See Daniel v.

Burrell v. Board of Trustees

970 F.2d 785 · Court of Appeals for the Eleventh Circuit · Sep 2, 1992

facts, if true, constitute a violation of clearly established law by the defendant[s].” … In part II B., we established that public officials cannot assert qualified immunity against a section 1985(3) claim.