Case law

Montero v. Nandlal

682 F. App'x 711 · Court of Appeals for the Eleventh Circuit · Mar 9, 2017

of qualified immunity.”). … Coweta Cty., 21 F.3d 388, 390 (11th Cir. 1994) (holding that, for purposes of qualified immunity, the question of “whether the law allegedly violated was clearly established at the time of the complained-about conduct, and

Joi Brown v. City of Huntsville, AL

Court of Appeals for the Eleventh Circuit · Jun 7, 2010

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Courts utilize a two-part framework to evaluate qualified immunity claims.14 One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation. Hope v.

Joseph MacUba v. Matthew Deboer, Michael Youseff, Charlotte Commissioners, Individually and in Their Official Capacities

193 F.3d 1316 · Court of Appeals for the Eleventh Circuit · Oct 29, 1999

did not violate a clearly established principle of First Amendment law). … In subpart B, we conclude that appellants are entitled to qualified immunity with respect to the refusal to hire. A.

Charles Lewis v. Freddie Smith, Mark Smith and Arnold Holt

855 F.2d 736 · Court of Appeals for the Eleventh Circuit · Sep 19, 1988

Contrary to defendants’ argument, they were not entitled to prevail on a qualified, good faith immunity defense. … . -, 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987) (government official is not entitled to defense of qualified immunity where he violates clearly established constitutional rights).

Janet Feliciano v. City of Miami Beach

Court of Appeals for the Eleventh Circuit · Feb 5, 2013

The district court denied the defendant officers qualified immunity on the claim, reasoning that although their initial entry did not violate Feliciano’s clearly established Fourth Amendment rights, they plainly exceeded … The district court rejected the officers’ claims for qualified immunity, but solely on the ground that the scope of their search, particularly of the underwear drawer and kitchen pantry, violated Feliciano’s clearly established

Jeremy Jones v. David Ceinski, Jr.

136 F.4th 1057 · Court of Appeals for the Eleventh Circuit · May 8, 2025

The magistrate judge granted Ceinski’s motion for summary judgment based on qualified immunity. … Jones’s Right Was Clearly Established. Jones must also show that his right was clearly established at the time of the alleged violation. Helm v.

74 Empl. Prac. Dec. P 45,490, 11 Fla. L. Weekly Fed. C 1551 Michael Moniz v. City of Fort Lauderdale, a Florida Municipal Corporation, Joseph Donisi, Thomas McCarthy Bruce Roberts, Both in Their Official Capacities as Acting Chief of Police and in Their Individual Capacities

145 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Jul 9, 1998

immunity unless Moniz can demonstrate that appellants should have known, based on clearly established law as of 1993 and 1995, the years in which the challenged promotions were awarded, that their use of race as a factor … We conclude, therefore, that, having violated no clearly established law, appellants are entitled to qualified immunity as a matter of law.

Cannon v. Macon County

1 F.3d 1558 · Court of Appeals for the Eleventh Circuit · Sep 17, 1993

The court concluded that Collins was immune from suit because Cannon had no clearly established right to have an officer investigate her claims of innocence. … The test for determining whether a public official can claim qualified immunity was established by the Supreme Court in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

D'aguanno v. Gallagher

50 F.3d 877 · Court of Appeals for the Eleventh Circuit · Mar 29, 1995

Therefore, to overcome defendants' qualified immunity defense, plaintiffs must establish that defendants' conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would have … Moreover, a district court decision cannot establish constitutional rights for qualified immunity purposes. See Muhammad v.

Sharp v. Fisher

532 F.3d 1180 · Court of Appeals for the Eleventh Circuit · Jul 2, 2008

immunity because the law was not “clearly established.” … Qualified immunity protects government officials performing discretionary functions as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Sandsbury Lee v. Richard L. Dugger

902 F.2d 822 · Court of Appeals for the Eleventh Circuit · Jun 4, 1990

The Qualified Immunity Analysis To show that the law is “clearly established” under qualified immunity analysis, it is not enough to assert the violation of a broad or abstract right. Anderson v. … Needless to say, a rule of law need not strictly bind a party to a case in order to be "clearly established" for purposes of qualified immunity.

Colin A. Edwards v. Bryan C. Shanley

Court of Appeals for the Eleventh Circuit · Jan 12, 2012

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … As a result, Officer Shanley cannot claim qualified immunity on the grounds that he did not know he was violating Edwards’s constitutional rights.5 In sum, we hold that clearly established federal law prohibits

Thomas A. Schopler, D.D.S. v. Rupert Bliss

903 F.2d 1373 · Court of Appeals for the Eleventh Circuit · Jun 22, 1990

Evidence that a state has waived sovereign immunity in its own courts is not by itself sufficient to establish waiver of Eleventh Amendment immunity from suit in federal court. … In order to meet this requirement, a plaintiff must demonstrate that the official’s alleged misconduct was “objectively unreasonable” in that it violated clearly established law.

Jeffrey Paul Howe v. City of Enterprise

861 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Jul 6, 2017

After Howe filed that amended complaint, the defendants again filed a Rule 12(b)(6) motion to dismiss for failure to state a claim, asserting qualified immunity and state law sovereign immunity. … And the part of the order requiring the parties to develop their Rule 26(f) report before the court ruled on the immunity defenses is also inconsistent with Bouchard Transportation and other decisions which establish that

Walker v. Schwalbe

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

briefs arguing that they are entitled to qualified immunity because there is no clearly established law that a demotion for violation of an anti-nepotism policy violates a person's rights. … established right; in other words, we cannot decide the core qualified immunity question.

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. … Jones, 835 F.2d 82, 84-85 (5th Cir.1987) 6 That right was clearly established at the time of the incidents challenged in this case. See Ingraham v.

Joe John Rodriguez v. City of Winter Park

280 F.3d 1341 · Court of Appeals for the Eleventh Circuit · Jan 30, 2002

violated clearly established law.” … Given the circumstances of the case at hand, the precedents cannot have clearly established the applicable law for the purposes of the qualified immunity defense.

Adams v. St. Lucie County Sheriff's Department

998 F.2d 923 · Court of Appeals for the Eleventh Circuit · Aug 25, 1993

Id. at 557-58, 105 S.Ct. at 2832 (Brennan, J., concurring in part and dissenting in part). 14 Judicial fact-finding on such issues would ensure that qualified immunity serves as an immunity from suit, particularly in cases … Nevertheless, after this opinion, the law is clearly established that law enforcement officers may not use deadly force to apprehend a fleeing misdemeanant 1 I am somewhat concerned by the fact that defense counsel stipulated

Cannon v. MacOn County

1 F.3d 1558 · Court of Appeals for the Eleventh Circuit · Mar 7, 1994

qualified immunity was established by the Supreme Court in Harlow v. … If a reasonable official in Collins' position could have believed his actions were lawful in light of clearly established law at the time the conduct occurred, immunity applies. Stewart v.

Susan Khoury v. The Miami-Dade County School Board

4 F.4th 1118 · Court of Appeals for the Eleventh Circuit · Jul 7, 2021

The Qualified Immunity Standard Qualified immunity offers “complete protection for government officials sued in their individual capacities” when the official’s conduct does not violate clearly established law. … USCA11 Case: 18-11430 Date Filed: 07/07/2021 Page: 13 of 31 In order to assert a qualified immunity defense, a government official must first establish that he was acting within his discretionary