Case law

Rodgers v. Singletary

142 F.3d 1252 · Court of Appeals for the Eleventh Circuit · Jun 2, 1998

Jenkins, however, was a qualified immunity case. … issue in analyzing whether a defendant should have known that he was violating a clearly established right.

Carr v. City Of Florence

916 F.2d 1521 · Court of Appeals for the Eleventh Circuit · Nov 7, 1990

As cross-appellants, the sheriff and his deputies contend that they are entitled to qualified immunity in their individual capacities. … ISSUES 8 We affirm the district court's judgment on its rulings of qualified immunity as to both the sheriff and his deputies.

Samuel Scott, Jr. v. City of Miami

139 F.4th 1267 · Court of Appeals for the Eleventh Circuit · Jun 11, 2025

“Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities as long as their con- duct violates no clearly established statutory or constitutional … Since the officers had probable cause to arrest and search Scott, the officers are entitled to qualified immunity.4 See 4 Scott separately argues that the doctrine of qualified immunity itself is

Neal Kirkpatrick v. Leander J. Shaw, Jr., John H. Moore

70 F.3d 100 · Court of Appeals for the Eleventh Circuit · Dec 5, 1995

However, Kirkpatrick’s admission in Oklahoma and New York qualified him to practice law only in those states, not in Florida. … (b) Privileges and Immunities Kirkpatrick argues that the Privileges and Immunities Clause (of Article IV) prevents states from interfering with the “fundamental right” to practice law.

Sanders Ex Rel. Estate of Sanders v. Howze

177 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jun 14, 1999

Under the qualified immunity doctrine, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates clearly established … To overcome the defendants' qualified immunity, plaintiffs must establish that the defendants' conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known.

Noel N. Chua, M.D. v. Andrew J. Ekonomou

1 F.4th 948 · Court of Appeals for the Eleventh Circuit · Jun 15, 2021

“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 … Because Chua failed to allege a violation of section 1985, Ekonomou is entitled to qualified immunity. Although we held in Burrell v.

Lisa Y.S. West v. Deputy Terry Davis

767 F.3d 1063 · Court of Appeals for the Eleventh Circuit · Sep 8, 2014

To overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that the governing law “was clearly established . . . in light of the specific context of the … There is thus no reason need to consider qualified immunity.

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his "good faith" reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … immunity.

James D. Stewart v. Baldwin County Board Of Education

908 F.2d 1499 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

QUALIFIED IMMUNITY 7 Defendants appeal the refusal of the district court to grant summary judgment in their favor on the basis of their qualified immunity defense. … Dollar, 841 F.2d 1558, 1564 (11th Cir.1988). 1 If the law that the defendants allegedly violated was not clearly established, then the defendants are entitled to qualified immunity. See Daniel v.

Cindy Fils v. City of Aventura

Court of Appeals for the Eleventh Circuit · Jul 28, 2011

The court then revised its rulings on the Defendants’ qualified-immunity defenses. … But, where the officer’s conduct is so outrageous that it clearly goes “so far beyond” these borders, qualified immunity will not protect him even in the absence of case law. Reese v.

Abdulaziz v. Metropolitan Dade County

741 F.2d 1328 · Court of Appeals for the Eleventh Circuit · Sep 18, 1984

Sec. 254a-e, clearly establishes diplomatic immunity as a defense. … Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure. 9 The language of the statute addresses suits against diplomats

Gold v. City of Miami

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

Disregarding these applicable precedents, the court’s opinion found that Gold had not shown a violation of clearly established law, effectively holding that the law in a particular area is not clearly established for qualified … 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: In the civil sphere, we have - explained that qualified

Aubrey Williams v. Daniel Aguirre

Court of Appeals for the Eleventh Circuit · Jul 13, 2020

To overcome qualified immunity, a plaintiff must also prove that the defendant violated a constitutional right that was “clearly established” when the violation allegedly occurred. Gaines v. … Because Williams has established a genuine dispute over whether the officers violated his clearly established rights under the Fourth Amendment, the officers are not entitled to qualified immunity at this stage of the suit

Cindy Fils v. City of Aventura

Court of Appeals for the Eleventh Circuit · Jul 28, 2011

The court then revised its rulings on the Defendants’ qualified-immunity defenses. … But, where the officer’s conduct is so outrageous that it clearly goes “so far beyond” these borders, qualified immunity will not protect him even in the absence of case law. Reese v.

Long v. Satz

181 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Jul 22, 1999

Ultimately this exculpatory information was discovered and a subsequent investigation established that Purvis was innocent. … question of qualified immunity. 6  A.

Phyllis J. May v. City of Nahunta, Georgia

Court of Appeals for the Eleventh Circuit · Nov 15, 2016

In evaluating a government actor’s entitlement to qualified immunity, the Supreme Court has developed an objective-reasonableness test wherein “the official’s actions must be evaluated against ‘clearly established law,’ … However, clearly established law requires only that factually applicable case law stake out a bright line and clearly establish the contours of a constitutionally protected right. See Post v.

In re Bouchard Transportation Co. v. Florida Department of Environmental Protection

91 F.3d 1445 · Court of Appeals for the Eleventh Circuit · Aug 20, 1996

School Bd. of Dade County, 981 F.2d 1203 , 1205 (11th Cir.1993) (holding that an order declining to rule on qualified immunity pending trial is immediately appealable). *1448 Like a public official's qualified immunity, a … The fact that Eleventh Amendment immunity, like qualified immunity, is a right to be free from the burdens of litigation also suggests that it should be decided at an early stage.

Barbara M. Clark v. T v. Beville

730 F.2d 739 · Court of Appeals for the Eleventh Circuit · Apr 23, 1984

As a policeman, Beville is entitled to the defense of qualified immunity in this section 1983 action. See, e.g., Barker v. Norman, 651 F.2d 1107, 1120 (5th Cir.1981). … However, Beville is shielded from liability for civil damages only insofar as his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Joy Laskar, PH.D. v. Phillip W. Hurd

972 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Aug 28, 2020

On top of that, the plaintiff must overcome qualified immunity by proving that the absence of probable cause was clearly established. Id. at 1168–70. … Because Hurd and Jenkins invoked qualified immunity, Laskar must also establish that they violated a constitutional right of his that was “clearly established” when they caused his seizure.

Howell v. Burden

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

Evans, 922 F.2d 712 (11th Cir.1991), came up from rulings denying motions of several defendants for summary judgment asserted on qualified immunity grounds. … 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.