Case law

Robert P. Sheley v. Richard L. Dugger, Jim Smith

824 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Aug 21, 1987

McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (holding that placing a prisoner in disciplinary confinement clearly effects liberty interest); See Parker v. … 33-3.083(4) provides in pertinent part: (a) Any inmate placed in Close Management shall be given a hearing before the Close Management Review Team, which may be the Classification Team or another Group of three to five qualified

United States v. Novation

271 F.3d 968 · Court of Appeals for the Eleventh Circuit · Oct 30, 2001

This Circuit’s framework for analyzing a motion to sever is well-established. … Those rules clearly state that such “[s]ervice by mail is complete upon mailing.”

Kyle Blake v. City of Montgomery

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

Blake could not establish facts showing (1) that he was entitled to FMLA leave; (2) that the City knew or should have known that he required leave for an FMLA-qualifying condition; (3) that he was denied any FMLA leave to … Blake did not show that his burnout symptoms rendered him unable to work for more than three whole days, as required to establish incapacity giving rise to a qualifying condition under the FMLA.

United States v. Suba

Court of Appeals for the Eleventh Circuit · Jan 9, 1998

The Government contends that Managed Risk agreed to purchase a $125,000 Trust Company Bank certificate of deposit for Sizemore Security to use as collateral for a bond necessary to qualify as a self-insured.16 With supplemented … The Government claims that the evidence clearly indicates Kelly’s intent to defraud when he mailed a “request for $125,000 check”/invoice from the Augusta WC fund to the Trust Company Bank.

United States v. Balaam Benjamin Grinnage

309 F. App'x 334 · Court of Appeals for the Eleventh Circuit · Jan 30, 2009

The government must establish the facts necessary to support a sentencing enhancement by a preponderance of the evidence. See United States v. … In arguing that he does not qualify for the Section 2K2.1(b)(5) enhancement, Grinnage relies on United States v.

United States v. Raleigh Jackson

Court of Appeals for the Eleventh Circuit · Sep 30, 2025

. § 1B1.13(b)(5), Jackson argued his age, medical cir- cumstances, and rehabilitation were “other reasons” to establish an extraordinary and compelling reasons for release. … supported a sen- tence reduction considering, among other things, Jackson’s “far from spotless” criminal history. 1 On appeal, Jackson does not challenge the district court’s finding that he still qualifies

Earnest E. Tillman v. Timothy Henriquez

Court of Appeals for the Eleventh Circuit · May 17, 2013

Police officers, like all witnesses, possess absolute immunity for their testimony at trial. Briscoe v. Lahue, 460 U.S. 325, 342-345 (1982). … Thus, we hold that the district court clearly erred in determining 9  Case: 12-11520 Date Filed: 05/17/2013 Page: 10 of 10 that Tillman could not establish

United States v. Kenneth R. Jackson, Jr.

Court of Appeals for the Eleventh Circuit · Jun 1, 2021

To qualify as plain error, an error “error must be plain now, in light of recent Supreme Court and Eleventh Circuit developments.” United States v. Smith, 459 F.3d 1276, 1283 (11th Cir. 2006). … as a source of his own “sovereign immunity at law.”

United States v. Jeffery Lewis

302 F. App'x 860 · Court of Appeals for the Eleventh Circuit · Nov 3, 2008

Lewis cannot compare his actions to those of the confidential informants in this case because they do not qualify as participants for purposes of § 3B1.2(b). See id. … The burden of establishing a minor role in the offense rested on Lewis and he has failed to meet this burden. See De Varon, 175 F.3d at 946.

Phillip Alexander Atkins v. Harry K. Singletary

965 F.2d 952 · Court of Appeals for the Eleventh Circuit · Jun 25, 1992

First, the affidavit alone establishes nothing. … This late-night questioning fails to qualify as coercion or overreaching by the police.

United States v. Cunningham

194 F.3d 1186 · Court of Appeals for the Eleventh Circuit · Nov 2, 1999

Cunningham contends that Carlisle's testimony would have helped establish his defense that he had a good faith belief that RD-344 was not a hazardous waste, but Cunningham presented no evidence that Carlisle was qualified … I mean, clearly, RD-344 was found on the ground in some respects up in Ohio, and, clearly, as found by the jury, there has been the disposal, that is, in the one landfill, of RD-344."

Keys Jet Ski, Inc. v. Kays

893 F.2d 1225 · Court of Appeals for the Eleventh Circuit · Feb 6, 1990

Upon filing the complaint, the appellants deposited $3,319 in the registry of the district court, representing the value of the jet ski and establishing the limitation fund. 4 On August 30, 1988, the district court entered … F(3). 8 The Kays contend that the district court properly found the jet ski to be a pleasure craft, and that this finding is one of fact subject to the clearly erroneous standard.

Beck v. Prupis

162 F.3d 1090 · Court of Appeals for the Eleventh Circuit · Dec 15, 1998

For instance, they set up an entity called Construction Performance Corporation (CPC), which extracted substantial "fees" from otherwise non-creditworthy contractors in order to qualify them for SIG surety bonds, in violation … Salinas states that criminal RICO conspiracy has no overt act requirement—the agreement itself is sufficient to establish culpability.

United States v. Tarresse Leonard

4 F.4th 1134 · Court of Appeals for the Eleventh Circuit · Jul 8, 2021

This case requires us to decide whether an indictment that does not clearly set out that element warrants an automatic presumption of prejudice to the defendant. It does not. … To establish prosecutorial misconduct, Leonard needed to show not only that the remark was improper, but that it prejudicially affected his substantial rights. United States v.

International Insurance Co., a Corporation v. Alfred M. Johns, James W. McFadden Thomas v. Ogletree, Richard W. Sherman, and G. Paul Whorton

874 F.2d 1447 · Court of Appeals for the Eleventh Circuit · Jun 7, 1989

The appellant has failed to show that certain factual findings that defeat the application of paragraph 5(c) are clearly erroneous. … The mere fact of creating such a compensation plan, however, may be insufficient to retain qualified executives.

Ernest McDuffie, III v. City of Jacksonville, Florida, Etc.

625 F. App'x 521 · Court of Appeals for the Eleventh Circuit · Sep 17, 2015

on its face was race-neutral: it merely struck a requirement that journeymen with expired licenses had to file a renewal application “within six months” after the license elapsed in order for the Construction Trades Qualifying … Second, the district court did not err, much less clearly err, in finding the City was not motivated by discriminatory intent when it declined to award McDuffie contracts for three proposed rehabilitation projects.

Exim Brickell LLC v. PDVSA Services Inc.

516 F. App'x 742 · Court of Appeals for the Eleventh Circuit · Apr 8, 2013

Even if Bariven had not waived immunity, the commercial exception under 28 U.S.C. § 1605(a)(2) likely applies. See Republic of Argentina v. … We do not find this interpretation of conflicting evidence to be clearly erroneous.

Andreas Roos v. U.S. Attorney General

167 F. App'x 752 · Court of Appeals for the Eleventh Circuit · Jan 25, 2006

See 8 U.S.C. § 1186a(b)(2) (“the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence . . .”) (emphasis added). … Section 1186a(c)(4) clearly places the burden on the alien: “The Attorney General, in the Attorney General’s discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the

Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc.

942 F.3d 1215 · Court of Appeals for the Eleventh Circuit · Nov 13, 2019

Although this final factor does not point clearly in either direction, the school’s assertion that it “did not seek -- nor would it have accepted -- a circumstance in which the FHSAA would exercise control over its message … The school pled that it has a “clearly defined religious mission” and that “[s]tudent prayer is an integral component of [that] mission”: prayer “is offered throughout the school year at, among other events, chapel services

Lester Fisher v. Secretary, Florida Department of Corrections

616 F. App'x 916 · Court of Appeals for the Eleventh Circuit · Jun 24, 2015

established federal law. … The Florida court did not unreasonably apply clearly established federal law.