Case law

McMahon Ex Rel. the Estate of McMahon v. Presidential Airways, Inc.

502 F.3d 1331 · Court of Appeals for the Eleventh Circuit · Oct 5, 2007

This means that federal officers are not immune if they violate clearly established constitutional rights and are sued under Bivens. … The government itself, on the other hand, remains immune, even if the right allegedly violated by the officer is clearly established. See Bivens v. Six Unknown Named Agents of Fed.

Omar Paez v. Claudia Mulvey

Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.

Commuter Transportation Systems, Inc. v. Hillsborough County Aviation Authority

801 F.2d 1286 · Court of Appeals for the Eleventh Circuit · Oct 15, 1986

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court found that denial of a summary judgment on grounds of qualified immunity is immediately appealable. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court found that denial of qualified immunity is immediately appealable because of social costs.

Tate Williams v. The City of Montgomery

742 F.2d 586 · Court of Appeals for the Eleventh Circuit · May 3, 1984

The district court correctly applied the Burdine analysis to this case and its ruling on the issue of discrimination is not clearly erroneous. Bell v. … The district court also rejected the Board’s contention that it is entitled to either absolute immunity or qualified immunity against the backpay award.

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.

John Wayne Lumley, Plaintiff-Counter v. City of Dade City, Florida, a Municipal Corporation, Michael Wilkes, Lieutenant for the Dade City Police Department, in His Individual Capacity, Linda Leggett Register, Sergeant for Dade City Police Department, in Her Individual Capacity, Ray White, Detective for Dade City Police Department, in His Individual Capacity, Defendant-Counter-Claimant-Appellant. John Wayne Lumley v. City of Dade City, Florida, a Municipal Corporation, Pasco County, Florida, a Municipal Corporation, Lee Cannon, Sheriff for Pasco County, in His Individual and Official Capacity, Phillip Thompson, Chief of Police for Dade City Police Department, in His Individual and Official Capacity, Michael Wilkes, Lieutenant for the Dade City Police Department, in His Individual Capacity

327 F.3d 1186 · Court of Appeals for the Eleventh Circuit · Apr 10, 2003

The district court, on summary judgment, rejected the officers' defense of qualified immunity on the ground that their treatment of the plaintiff violated clearly established constitutional standards. 1 The officers now appeal … III. 15 Qualified immunity protects government officials sued in their individual capacities as long as their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would

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.

Tiffany Williams v. Board of Regents

477 F.3d 1282 · Court of Appeals for the Eleventh Circuit · Mar 9, 2006

“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 reasonable … 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 plaintiffs complaint fails to allege a violation of a clearly established constitutional

Mary B. Clark, Individually and as Survivor-At-Law of Ray Sharp, A/K/A Willie Clark and Shirley Clark, Administratrix of the Estate of Ray Sharp, Plaintiffs v. David C. Evans, Lanson Newsome and Robert Coleman, Mary B. Clark v. David C. Evans

840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988

Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and Newsome can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. 29 As for the theory that Sharp's action

Garmon v. Lumpkin County

878 F.2d 1406 · Court of Appeals for the Eleventh Circuit · Aug 4, 1989

The district court granted defendants’ motion for directed verdict based upon the doctrine of qualified immunity. For the reasons stated below, we reverse. On January 22, 1986, Mrs. … Garmon’s warrant was issued without probable cause he nevertheless is shielded from liability for damages under the rule of qualified immunity.

Oladeinde v. Birmingham, City Of

230 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Oct 26, 2000

of Qualified Immunity for First Amendment Claims 77 Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … Flanigan, 102 F.3d 877, 886 (7th Cir.1996)). 80 "Government officials performing discretionary functions are entitled to qualified immunity 'insofar as their conduct does not violate clearly established statutory or constitutional

Al-Amin v. Warden Hugh Smith

637 F.3d 1192 · Court of Appeals for the Eleventh Circuit · Apr 5, 2011

The district court also found that Defendants were not entitled to qualified immunity, since clearly established law held that prison officials could 4 not open an inmate’s legal … On appeal before a prior panel of this Court, we reversed the district court’s denial of qualified immunity with respect to Al-Amin’s access-to-courts claim but affirmed the district court’s ruling of qualified immunity

Hobbs v. Roberts

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

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 could arguably … 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

66 Fair empl.prac.cas. (Bna) 607, 58 Empl. Prac. Dec. P 41,435 Sharon Yeldell, Karan J. Cremer, Russell Starkey, John Rohde, Ellie Higginbotham, Intervenors-Plaintiffs v. Cooper Green Hospital, Inc., Jefferson County Personnel Board, Reuben Davis, Individually and in His Official Capacity as a Jefferson County Commissioner Jefferson County Commission Jim Gunter, in His Individual Capacity and Official Capacity as Jefferson County Commissioner John Katopodis, Individually and in His Official Capacity as Jefferson County Commissioner Chris McNair Individually and in His Official Capacity as Jefferson County Commissioner David Orange, Individually and in His Official Capacity as Jefferson County Commissioner

956 F.2d 1056 · Court of Appeals for the Eleventh Circuit · Mar 30, 1992

Instead, we focus solely on the claims of Commissioner Davis. 26 Qualified immunity is available to "government officials performing discretionary functions ... insofar as their conduct does not violate clearly established … "[T]he relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and

Vivian Jackson v. Preston West

787 F.3d 1345 · Court of Appeals for the Eleventh Circuit · Jun 3, 2015

“Government officials performing discretionary functions are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “In addition, once the defense of qualified immunity is raised, the plaintiff must persuade the court that the law was clearly established that the defendant’s conduct in the circumstances amounted to deliberate indifference

Wilson v. Strong

156 F.3d 1131 · Court of Appeals for the Eleventh Circuit · Sep 28, 1998

General Qualified Immunity Principles Qualified immunity shields a § 1983 defendant from liability for harms arising from her discretionary acts, so long as her acts do not violate any clearly established statutory … Second, “[i]n this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Dykes v. Hosemann

743 F.2d 1488 · Court of Appeals for the Eleventh Circuit · Oct 11, 1984

It is well established that judges are immune from lawsuits for damages 7 for all judicial acts not taken in the clear absence of jurisdiction. Stump v. … The standard for such qualified immunity is set out in Harlow v.

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 .

Busby v. City Of Orlando

931 F.2d 764 · Court of Appeals for the Eleventh Circuit · May 17, 1991

legal rules that were 'clearly established' at the time it was taken." … standard determines the scope of qualified immunity.

Hudson v. Hall

Court of Appeals for the Eleventh Circuit · Oct 30, 2000

violated clearly established law.” … considering whether the law was clearly established.