Case law

Rafael Cendan v. Officer Jose Trujillo

Court of Appeals for the Eleventh Circuit · Aug 12, 2019

Second, they argue that they did not violate clearly established law of which a reasonable officer would have been aware. … Accordingly, the district court properly denied qualified immunity. AFFIRMED. 6

67 Fair empl.prac.cas. (Bna) 1005, 66 Empl. Prac. Dec. P 43,456 Alice H. Smith v. Michael Lomax, Individually and in His Official Capacity as Chairman of the Fulton County Board of Commissioners and Michael Hightower, Individually and in His Official Capacity as Commissioner of Fulton County

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause On the legislative immunity issue, the parties' rendition of the material facts … of a clearly established property right.

Gold v. City of Miami

138 F.3d 886 · Court of Appeals for the Eleventh Circuit · Apr 7, 1998

holding that the law in a particular area is not clearly established for qualified immunity purposes, unless the plaintiff can point to a prior case involving identical facts. … Comparing the "clearly established" concept in qualified immunity to the "fair warning" standard for a conviction under 18 U.S.C. §§ 241 and 242, the Court observed: 9 In the civil sphere, we have explained that qualified

Lindsey M. Scott v. Larry Dixon

720 F.2d 1542 · Court of Appeals for the Eleventh Circuit · Dec 15, 1983

Kelley and Latham Police officers do not enjoy absolute immunity from civil liability for § 1983 violations. Instead, they acquire a qualified immunity only for the good faith performance of their duties. Pierson v. … Officials “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 457 U.S. at 818, 102

John Carter v. James Galloway

352 F.3d 1346 · Court of Appeals for the Eleventh Circuit · Dec 15, 2003

The district court also addressed Defendants’ qualified immunity defense. Because Plaintiff’s deliberate indifference claim fails, Defendants have no need for qualified immunity. … If Plaintiff has stated a good deliberate indifference claim, Defendants are entitled to qualified immunity for the law was not clearly established in Plaintiff’s favor. 10

Rayburn v. Hogue

241 F.3d 1341 · Court of Appeals for the Eleventh Circuit · Feb 28, 2001

Additionally, the Hogues argued that they were not State actors for Fourteenth Amendment purposes, and even if they were, the federal law as to foster parents was not clearly established. 8 Based on these arguments, the Defendants … In denying summary judgment on this claim, the court found that the Hogues were not entitled to qualified immunity because they were State actors, the law was clearly established as to foster parents, and there was a jury

Mohamed Seif v. Cassandra Tarver-Ross

Court of Appeals for the Eleventh Circuit · Jun 7, 2024

And she argued that even if Seif did, she was entitled to qualified immunity because Seif could not show that she violated clearly established law. Seif responded that our decision in Barnes v. … A plaintiff shows the immunity doesn’t apply by establishing (1) “the defendant violated a consti- tutional right” and (2) “the right was ‘clearly established.’” Davis v.

Mitchell Marbury v. Warden

936 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Aug 29, 2019

Qualified immunity “completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates clearly established statutory or constitutional rights … 12589 Date Filed: 08/29/2019 Page: 46 of 50 The touchstone inquiry under the “clearly established” prong of qualified immunity is whether the officials charged had “fair warning” that their conduct constituted

Wheeler v. City Of Pleasant Grove

746 F.2d 1437 · Court of Appeals for the Eleventh Circuit · Nov 13, 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.

Tiffany Williams v. Board of Regents

477 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Feb 9, 2007

“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 … 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 plaintiff’s complaint fails to allege a violation of a clearly established constitutional

Scott v. Miami Dade County

657 F. App'x 877 · Court of Appeals for the Eleventh Circuit · Aug 1, 2016

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … Clearly Established Constitutional Right Because Plaintiff’s second amended complaint sufficiently alleges a constitutional violation, “we next determine whether preexisting law clearly established that [] [D]efendants

Municipal Utilities Bd. of Albertville v. Alabama Power Co.

934 F.2d 1493 · Court of Appeals for the Eleventh Circuit · Jul 5, 1991

The Cities contend that the defendants' actions do not qualify for state action immunity for two reasons. … We therefore cannot determine whether the private agreements qualify for state action immunity.

Luz Gonzalez v. Lee County Housing Authority

161 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1998

(en banc), cert. denied, --- U.S. ----, 118 S.Ct. 412 , 139 L.Ed.2d 315 (1997) (explaining that decisions from only these courts clearly establish the law for the purposes of qualified immunity). … immunity, but this entirely discrete question: Is qualified immunity defeated where a defendant violates any clearly established duty, including one under state law, or must the clearly established right be the federal right

Ellis v. Coffee County Board Of Registrars

981 F.2d 1185 · Court of Appeals for the Eleventh Circuit · Jan 12, 1993

The district court also denied summary judgment to the county attorney on qualified immunity. … This court has established that "[l]ocal legislators are entitled to legislative immunity in this Circuit." Executive 100, Inc. v.

SMILEDIRECTCLUB, LLC v. Tanja D. Battle

969 F.3d 1134 · Court of Appeals for the Eleventh Circuit · Aug 11, 2020

There is established law detailing the significance of immunity from suit, as distinguished from immunity from liability. As the Supreme Court said in Behrens v. … It would make no sense to suppose, as the Board members do, that the mere power and duty on the part of the Governor would suffice for ipso facto immunity, when clearly established Supreme Court case law makes it clear

Sandra Roberts v. Jason Spielman

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).

Vaughan v. Cox

316 F.3d 1210 · Court of Appeals for the Eleventh Circuit · Jan 3, 2003

immunity. … Because Vaughan has alleged a constitutional violation and Deputy Cox has asserted a qualified immunity defense, we must conduct a two-part inquiry. 1 Saucier v.

Kenrick Christopher v. State of Florida

449 F.3d 1360 · Court of Appeals for the Eleventh Circuit · May 26, 2006

McWhorter, 906 F.2d at 677 ; See Fed.R.Civ.P. 61 (setting out substantial justice standard). 4 Plaintiffs counsel argues the quoted portion of its closing argument did not clearly violate the qualified immunity order, because … But the district court had already granted Defendants qualified immunity for this conduct, ruling that it *1367 was not clearly excessive. 6 As the case was to be tried, given the district court order, Defendants could only

McMillian v. Johnson

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

I write separately to address broader issues relating to qualified immunity. At a recent Eleventh Circuit Judges’ Workshop, a speaker remarked that “Keeping up with qualified immunity law is a full-time job.” … claims are to be considered during the course of a qualified immunity analysis.

Chiketta Tinker v. Perry Beasley

429 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Nov 10, 2005

Defendants-appellants, Perry Beasley and Dan Watson, appeal the district court’s denial of their motion for summary judgment based on qualified immunity and discretionary-function immunity. … Qualified Immunity A district court’s denial of summary judgment based on qualified immunity is reviewed de novo, construing all facts and making all reasonable inferences in the light most favorable to the non-moving