Case law

Kimberly Grippa v. Ronald Rubin

133 F.4th 1186 · Court of Appeals for the Eleventh Circuit · Apr 3, 2025

Based on this reasoning, the district court clearly did not definitively determine the qualified privilege issue and instead reserved the matter for the jury to de- cide. … True, there are “exceptional cases” in which the facts giving rise to the qualified privilege are so “clearly apparent” that a court may recognize the privilege on a motion to dismiss.

Vista Community Services v. Dean

107 F.3d 840 · Court of Appeals for the Eleventh Circuit · Mar 19, 1997

II. 8 We review de novo a district court's ruling that a government official's conduct violated clearly established law such that the official is not entitled to qualified immunity. Johnson v. … first part of the qualified immunity analysis--i.e., in determining whether an employee's clearly established First Amendment rights have been violated--we conduct a four-part inquiry ("the Bryson test").

Wheeler v. City of Pleasant Grove

746 F.2d 1437 · Court of Appeals for the Eleventh Circuit · Nov 12, 1984

It did not award damages, however, believing that all defendants had established the qualified immunity defense. … It therefore concluded that all defendants were shielded from monetary liability by the qualified immunity defense. Id. at 209 .

Janet Bogle, Sherri Bowers v. William McClure, Mary Jamerson Ward

332 F.3d 1347 · Court of Appeals for the Eleventh Circuit · Jun 6, 2003

Qualified Immunity Qualified immunity offers complete protection for government officials sued in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights … Appellants, however, argue they are entitled to qualified immunity under Foy v.

Washington v. Kirksey

811 F.2d 561 · Court of Appeals for the Eleventh Circuit · Mar 2, 1987

Qualified Immunity 13 Kirksey contends that the district court erred in failing to find that his conduct would be shielded from liability under the doctrine of qualified immunity. In Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established an objective test of qualified immunity: "[G]overnment officials performing discretionary functions generally are shielded from

Brown v. City of Fort Lauderdale

923 F.2d 1474 · Court of Appeals for the Eleventh Circuit · Feb 19, 1991

The court dismissed the § 1983 claims against both Cochran and Hoffman based on qualified immunity. … It stated merely that the defendants were entitled to immunity because Brown had failed to allege facts demonstrating that the constitutional right allegedly infringed was clearly established at the time of their conduct

Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission, Defendants

212 F.3d 1318 · Court of Appeals for the Eleventh Circuit · May 30, 2000

Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions in a manner that violates “no clearly established statutory or constitutional rights of which a reasonable … “Defendants are entitled to qualified immunity in a Rule 12(b)(6) motion to dismiss only if the complaint fails to allege facts that would show a violation of a clearly established constitutional right.” Kyle K. v.

Jones v. Preuit & Mauldin

808 F.2d 1435 · Court of Appeals for the Eleventh Circuit · Feb 2, 1987

QUALIFIED IMMUNITY In granting the defendants summary judgment, the district court also relied on the fact that P & M had acted in good faith reliance on a statute that was not clearly unconstitutional. … Admittedly, the defendants are entitled to immunity if their conduct did not contravene a clearly established constitutional right; however, the defendants bear the burden of proving that any right they violated was not clearly

Silver v. Baggiano

804 F.2d 1211 · Court of Appeals for the Eleventh Circuit · Nov 24, 1986

Thus, there has been no waiver of Alabama’s Eleventh Amendment sovereign immunity. … Inasmuch as States may, under title XIX, set certain standards for the provision of care, and may establish rates for payment, it is possible that some providers of service may still not be willing or considered qualified

Dykes v. Hosemann

776 F.2d 942 · Court of Appeals for the Eleventh Circuit · Nov 18, 1985

Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), the Court established a two-part test for determining whether a judge enjoys absolute immunity from money damages under section 1983. … Barker, 77 Eng.Rep. 1305 (Star Chamber 1607), ushered in the modern era of judicial immunity by establishing the immunity of judges of courts of record, thereby preserving the independence of those courts from review by the

McClamma v. Remon

561 F. App'x 787 · Court of Appeals for the Eleventh Circuit · Mar 28, 2014

McClamma did not carry his burden of showing that “the rights he claimed [Officer] Remon violated were clearly established in similar circumstances,” and, therefore, was unable to show that qualified immunity should not apply … McClamma has not met his burden of showing that Officer Remon violated a clearly established right, and, therefore, has not shown that qualified immunity is inappropriate in this circumstance. III.

75 Fair empl.prac.cas. (Bna) 519, 11 Fla. L. Weekly Fed. C 682 Herbert Johnson v. City of Fort Lauderdale, Florida, a Florida Municipal Corporation, James Sparr, Rick Earle, Dennis Sheehan, Keith Allen and Ron Pritchard, in Their Individual Capacities

126 F.3d 1372 · Court of Appeals for the Eleventh Circuit · Nov 5, 1997

clearly established law on the part of each defendant. 2 3 Turning from this aside, we now state the facts. … established at the relevant times.

Sandra D. Riley v. Larue T. Camp, Lori Winkler, F.K.A. Lori Webb

130 F.3d 958 · Court of Appeals for the Eleventh Circuit · Dec 8, 1997

to qualified immunity. … To assert qualified immunity from civil damages, defendants must show that their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

McMILLIAN v. JOHNSON

101 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Dec 3, 1996

established. … The court held that Garner did not clearly establish that deadly force cannot be used against a fleeing, previously arrested, non-dangerous felon.

Ronald D. Fleming v. Deputy Tama Barber

383 F. App'x 894 · Court of Appeals for the Eleventh Circuit · Jun 17, 2010

Once a defendant raises the qualified immunity defense, “the trial court must exercise its discretion in a way that protects the substance of the qualified immunity defense. … Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional

Williams v. Board of Regents of the University System

441 F.3d 1287 · Court of Appeals for the Eleventh Circuit · Mar 9, 2006

“Qualified immunity shields governmental officials executing discretionary responsibilities from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … If a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the court should grant qualified immunity if the plaintiffs complaint fails to allege a violation of a clearly established constitutional

Lynda Sue Hancock v. Richard M. Hobbs, City of Marietta

967 F.2d 462 · Court of Appeals for the Eleventh Circuit · Jul 14, 1992

Hancock also contends that the district court should not have instructed the jury on the affirmative defense of qualified immunity. … She argues that qualified immunity is a question of law for the court and not an issue of fact for the jury.

Ammon Sumrall v. Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit · Sep 9, 2025

The district court granted Singleton and Ashley qualified immunity on both because Sumrall could not show that his constitutional rights were clearly established. … Qualified immunity “shields public officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Steven A. Stepanian, II v. David R. Addis

699 F.2d 1046 · Court of Appeals for the Eleventh Circuit · Mar 7, 1983

In the alternative, he claimed he acted in good faith and was entitled to qualified immunity. … The trial court denied the motion for absolute immunity and stated further factual development was needed to determine if Addis could claim a qualified immunity.

John Wayne Lumley v. City of Dade City Florida, Michael Wilkes, Linda Leggett Register, Ray White

327 F.3d 1186 · Court of Appeals for the Eleventh Circuit · Apr 10, 2003

The district court, on summary judgment, rejected the officers’ defense of qualified immunity on the ground that their treatment of the plaintiff violated clearly established constitutional standards.1 The officers now … Ed. 2d 411 (1985). 12  Qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate “clearly established