Case law

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  • Soorajnine Singh v. Caribbean Airlines Limited

    798 F.3d 1355 · Court of Appeals for the Eleventh Circuit · Aug 20, 2015

    In this appeal, we consider whether CAL qualifies for jury immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1330, in a negligence action by Rovin Singh. … Singh does not object to this last assertion, as the FSIA clearly and unambiguously supports it.

    Cited 1 timesPublished
  • Tammy Watkins v. Officer Lawrence Davis

    Court of Appeals for the Eleventh Circuit · Sep 25, 2025

    And “a police officer is entitled to qualified immunity if a reasona- ble police officer could have believed his or her actions were lawful in light of clearly established law and the information possessed … As a result, they violated clearly established law.

    Cited 0 timesPublished
  • John Eugene Youmans v. M. J. Oschner

    Court of Appeals for the Eleventh Circuit · Nov 16, 2010

    The purpose of the qualified immunity defense is to “protect[] government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … circumstances was not already clearly established at the time of the alleged violation.

    Cited 0 timesPublished
  • Dontray Chaney v. City of Orlando, FL

    483 F.3d 1221 · Court of Appeals for the Eleventh Circuit · Apr 11, 2007

    established under federal law. … As to the second step of the Saucier framework–whether the right not to be tasered was clearly established–the court found that there was no case law in this circuit recognizing such a right.

    Cited 104 timesPublished
  • James Hill v. Jeanne Dunaway

    Court of Appeals for the Eleventh Circuit · Aug 12, 2015

    Qualified immunity, however, offers complete protection for individual government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … A right may be clearly established for qualified immunity purposes in one of three ways: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

    Cited 0 timesPublished
  • Jones v. Ward

    514 F. App'x 843 · Court of Appeals for the Eleventh Circuit · Mar 25, 2013

    Jones admits that Ward was acting within the scope of his discretionary authority, so Jones must now show that Ward violated one of her clearly established rights. See Lewis v. … Therefore, the allegations in Jones’s complaint cannot establish a claim for malicious prosecution, and the district court was correct to grant Ward qualified immunity from suit.

    Cited 2 timesPublished
  • Schmelz v. Monroe County

    954 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

    Good faith qualified immunity is a doctrine that protects government employees from suit for actions that " 'legitimately require action in which clearly established rights are not implicated' " and the public interest would … Once qualified immunity is asserted by the defendants, the plaintiff must show that the law was clearly established that the defendants' acts rose to the level of "deliberate indifference." Edwards, 867 F.2d at 1275 .

    Cited 0 timesPublished
  • Ann Griesel v. B.D. Hamlin

    963 F.2d 338 · Court of Appeals for the Eleventh Circuit · Jun 17, 1992

    Immunity Turning to the merits of Hamlin’s claims, we review de novo a district court’s denial of summary judgment involving qualified immunity. James v. … Because we conclude above that the state law sovereign immunity at issue in this case is akin to qualified immunity, we apply the de novo standard of review to the district court’s denial of summary judgment.

    Cited 85 timesPublished
  • Dolihite v. Maughon

    74 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Jan 23, 1996

    To me, this practice flies in the face of the idea that qualified immunity protects against personal liability unless the defendant's acts violated clearly established pre-existing law. … In my view, this idea is not clearly established as a matter of law now and was not so established in 1992.

    Cited 1 timesPublished
  • Donald Eugene Moore v. James C. Morgan and County Commissioners John Crowder A.C. Farrington Doss Leak Mack Sanders J.H. Richardson, Donald Eugene Moore v. James C. Morgan County Commissioners Emerson Thompson Morris Garrett Mary Sue Smith Mack Sanders Doss Leak

    922 F.2d 1553 · Court of Appeals for the Eleventh Circuit · Feb 7, 1991

    He correctly stated that the test for qualified immunity is an objective one: whether reasonable county commissioners could have concluded their conduct to be lawful in light of clearly established law and the information … established constitutional rights

    Cited 0 timesPublished
  • Abdulaziz v. Metropolitan Dade County

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

    C.A. § 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.

    Cited 7 timesPublished
  • Hobbs v. Roberts

    999 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Sep 3, 1993

    Also, when Hobbs put in the policy, no case law clearly established that coverage under the policy would be available only if defendants were sued in their official capacities; job-related negligence for coverage purposes … Lundgren, 814 F.2d at 604 (Raising, litigating, and submitting to jury of qualified immunity defense and instruction that qualified immunity would be complete defense demonstrated that 42 U.S.C. § 1983 claim was tried against

    Cited 27 timesPublished
  • Coffin v. Brandau

    614 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jun 22, 2010

    To strip the Deputies of qualified immunity, the Coffins must have had a clearly established Fourth Amendment right to be free from a warrantless entry of their garage or warrantless arrest therein. … Therefore, we conclude that the Deputies’ “conduct was not so clearly established as to justify stripping [them] of qualified immunity.” McClish, 483 F.3d at 1249.

    Cited 0 timesPublished
  • George A. Williams v. Cons. City of Jacksonville

    381 F.3d 1298 · Court of Appeals for the Eleventh Circuit · Aug 14, 2003

    DISCUSSION12 “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 his actions was “clearly established.”

    Cited 0 timesPublished
  • Tammy D. Scarbrough v. Bryant Myles, Jr.

    Court of Appeals for the Eleventh Circuit · Mar 29, 2001

    Because Hall violated no clearly established law in formulating probable cause to arrest Scarbrough and Davis, he is entitled to qualified immunity.9 The district judge denied immunity to Myles, who was not involved … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[u]nder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law."

    Cited 0 timesPublished
  • Edwards v. Wallace Community College

    49 F.3d 1517 · Court of Appeals for the Eleventh Circuit · Apr 19, 1995

    Qualified Immunity "[A]n official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses, [including a defense of qualified immunity … "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

    Cited 310 timesPublished
  • Laurie v. Alabama Court of Criminal Appeals

    256 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Jul 12, 2001

    Moreover, the addition of a § 1983 claim undoubtedly would have brought into play issues involving qualified immunity as to the § 1983 claims against Judge Taylor and Mann in their individual capacities. … Plaintiffs have failed to demonstrate how Mann's alleged concealment rises to the level of an equal protection violation or how Plaintiffs could overcome the defense of qualified immunity.

    Cited 70 timesPublished
  • Carr v. Tatangelo

    338 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Sep 29, 2003

    The district court accorded the officers qualified immunity. We affirm. I. … and, if so, whether they had "fair warning" under clearly established law that their conduct was unconstitutional.

    Cited 0 timesPublished
  • James D. Askew, Ginger Buck, Phillip Mahan v. Dch Regional Health Care Authority, West Alabama General Hospital, Inc.

    995 F.2d 1033 · Court of Appeals for the Eleventh Circuit · Jul 19, 1993

    DCH, as a hospital so organized, clearly qualifies as a local government entity. … This authorization must be pursuant to “clearly expressed state policy.” Id. at 1460 .

    Cited 23 timesPublished
  • Mencer v. Bd. of Ed./Birmingham, AL

    134 F.3d 1066 · Court of Appeals for the Eleventh Circuit · Feb 5, 1998

    Thus, the court did not deny Hammonds qualified immunity based only on “evidence sufficiency” but on its belief that a reasonable person in Hammonds’ position would have known his conduct violated clearly established law … Thus, if we are confronted with an appeal from a denial of qualified immunity, we may exercise our discretion to review the district court’s preliminary determination as a means of reaching the issue of clearly established

    Cited 0 timesPublished

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