Case law

Dennis Reeves Cooper v. Gordon A. Dillon

403 F.3d 1208 · Court of Appeals for the Eleventh Circuit · Mar 22, 2005

Based on the foregoing, Dillon was eligible for qualified immunity because he was acting under his discretionary authority in enforcing F LA. S TAT. ch. 112.533(4) and its unlawfulness was not clearly established. … Because the statute’s unconstitutionality was not clearly established prior to its 29 enforcement, Dillon is entitled to qualified immunity and therefore is shielded from liability

Reed v. Clough

694 F. App'x 716 · Court of Appeals for the Eleventh Circuit · Jun 2, 2017

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 of which a reasonable person … To survive a motion to dismiss on qualified immunity grounds, the facts alleged in Reed’s complaint must make out a violation of a clearly established constitutional right. Morris v.

Bryan v. Center

33 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Oct 4, 1994

HCQIA establishes an immunity only from liability for money damages, not a right to avoid standing trial. … On its face, the provision does not explicitly establish immunity from suit.” Decker v.

Charles Silberman v. Miami Dade Transit

927 F.3d 1123 · Court of Appeals for the Eleventh Circuit · Jun 17, 2019

To state a claim under either Title II or § 504, a plaintiff must establish “(1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of a public … But we have clearly employed the Liese standard in the Title II context.

Nyreekis Jarnell Hunter v. Mike Hale

Court of Appeals for the Eleventh Circuit · May 9, 2019

Qualified immunity shields a government official from liability unless he violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Foy v. … We don’t rely on Glasscox because law can be clearly established for overcoming qualified immunity only if it is established prior to the relevant events, and Hinkle’s death occurred in 2014, four years before Glasscox issued

Wilson v. Bailey

934 F.2d 301 · Court of Appeals for the Eleventh Circuit · Jun 24, 1991

The district court also granted summary judgment in favor of the Board members in their individual capacity on the basis of qualified immunity. … Officials are entitled to qualified immunity if "a reasonable official could have believed his actions were lawful in light of clearly established law.” Herren v. Bowyer, 850 F.2d 1543, 1545-46 (11th Cir.1988).

Valinda F. Oladeinde v. City Of Birmingham

963 F.2d 1481 · Court of Appeals for the Eleventh Circuit · Jun 24, 1992

Rule 12(b)(6) and Qualified Immunity 12 At this early stage in the proceedings, the Rule 12(b)(6) defense and the qualified-immunity defense become intertwined. … Fed.R.Civ.P. 12(b)(6). 5 Under the qualified-immunity defense, defendants are immune from liability and even from trial if plaintiffs' complaint fails to state a violation of "clearly established statutory or constitutional

SMILEDIRECTCLUB, LLC v. Tanja D. Battle

4 F.4th 1274 · Court of Appeals for the Eleventh Circuit · Jul 20, 2021

Pelletier, 516 U.S. 299, 309 (1996) (explaining that a motion to dismiss on qualified immunity grounds takes the defendant’s conduct as alleged in the complaint, while a motion for summary judgment on qualified immunity grounds … Comm’n, 514 U.S. 35, 42 (1995) (explaining that the denial of qualified immunity is immediately appealable because qualified immunity is “an immunity from suit rather than a mere defense to liability” (internal quotation

T. Dewey Harden, Jr. v. Ralph Adams, Individually and as President of Troy State University

760 F.2d 1158 · Court of Appeals for the Eleventh Circuit · May 20, 1985

Because the district court erred in finding that four of these defendants were entitled to qualified or “good faith” immunity from the claims raised against them in their individual capacities, we reverse in part. … The district court’s determination that these appellees were nonetheless protected from individual liability by qualified or “good faith” immunity requires closer consideration.

Garczynski v. Bradshaw

573 F.3d 1158 · Court of Appeals for the Eleventh Circuit · Jul 7, 2009

To address this concern, qualified immunity protects a police officer from liability under § 1983 if he was acting within his discretionary authority and his conduct did not violate “clearly established statutory or constitutional … The burden then shifted to the Estate to show that qualified immunity should not apply because: (1) the officers violated a constitutional right, and (2) that right was clearly established at the time of the incident.

Tyler Land v. Sheriff of Jackson County Florida

85 F.4th 1121 · Court of Appeals for the Eleventh Circuit · Oct 31, 2023

Public officials acting within their discretionary authority enjoy qualified immunity from “civil damages when their conduct does not violate a constitutional right that was clearly established at … The absence of a constitutional violation ends the analy- sis of qualified immunity. See Pearson v.

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.

Howell v. Burden

12 F.3d 190 · Court of Appeals for the Eleventh Circuit · Jan 21, 1994

the close of evidence, the district court granted Burden’s Rule 50 motion for judgment as a matter' of law. 1 THE FIRST APPEAL In the first appeal we addressed the issue of qualified immunity for Burden: The issue'of qualified … We held that it was clearly established in 1984 that an official’s denial of or delay in obtaining proper treatment could constitute deliberate indifference. Id.

Douglas Laverne Adams v. David Brierton

752 F.2d 546 · Court of Appeals for the Eleventh Circuit · Feb 4, 1985

immunity. … Under the particular facts of this case, the prison officials could not have known that they were violating “clearly established statutory or constitutional rights” of the inmate.

Silver v. Baggiano

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

Thus, removal by state officials of a suit containing state law claims to federal court does not amount to waiver of Eleventh Amendment immunity unless those state officials are authorized to waive such 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

Selecha Allen v. Warden, Baldwin State Prison

Court of Appeals for the Eleventh Circuit · Apr 4, 2018

Honsted, 35 F.3d 521, 525 (11th Cir. 1994) (holding, in the context of qualified immunity, that restricting visitations between a prisoner and his wife because she had provided him with contraband did not violate clearly … strike, as the officials did not violate any clearly established law).

Pace v. Capobianco

283 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Mar 1, 2002

Qualified Immunity 31 In the alternative, the individual defendants are due immunity. See generally Saucier v. … the very purpose of qualified immunity.

Kenny Davis v. Lt. James Locke and Lt. Gemelli

936 F.2d 1208 · Court of Appeals for the Eleventh Circuit · Jul 26, 1991

The Qualified Immunity Defense Locke and Gemelli argued that their actions were protected by the doctrine of qualified immunity, and moved for directed verdict and JNOV on those grounds. … Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Thomas B. Fullman v. Charles Graddick

739 F.2d 553 · Court of Appeals for the Eleventh Circuit · Aug 20, 1984

In such cases, a qualified good-faith immunity applies rather than the absolute immunity associated with the judicial process. Butz v. Economou, 438 U,S. 478, 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978); Marrero v. … On summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred.

Robert M. Jasinski v. R.A. Adams, Joe Mongiello, and United States Border Patrol, Defendants

781 F.2d 843 · Court of Appeals for the Eleventh Circuit · Feb 3, 1986

“Unless plaintiff alleges a violation of clearly established law,” defendants are specifically entitled under the doctrine of qualified immunity to dismissal prior to the discovery phase of the case. Id. … Plaintiff alleges a violation of this clearly established rule.