Case law

Alabama v. United States Army Corps of Engineers

644 F.3d 1160 · Court of Appeals for the Eleventh Circuit · Jun 28, 2011

The exercise of such jurisdiction is only appropriate in “rare circumstances” so only “limited factual scenarios” will qualify. Id. at 1379-80 . … Circuit clearly stated that the issue of water supply authority in the RHA was not before it.

Lawrence Jefferson v. GDCP Warden

941 F.3d 452 · Court of Appeals for the Eleventh Circuit · Oct 17, 2019

Jefferson’s brain damage is clearly of the acquired, post-traumatic type. … Merikangas said that Macciocchi was not qualified to conduct neurological testing because he was neither a neurologist nor a medical doctor.

John E. Klaas v. Allstate Insurance Company

21 F.4th 759 · Court of Appeals for the Eleventh Circuit · Dec 28, 2021

The SPDs are “the statutorily established means of informing participants of the terms of the plan and its benefits.” Alday v. … In Klaas’s case, he would not have needed the three-year credit to qualify for the retiree life insurance because he began working for Allstate in 1966.

United States v. Frantz Achille

277 F. App'x 875 · Court of Appeals for the Eleventh Circuit · May 12, 2008

We conclude that it was not clearly erroneous for the district court to determine that Achille placed patients at risk of serious bodily injury. … Moreno testified that the drugs involved carried the risk of serious side effects, and these side effects qualify as serious bodily injuries. See U.S.S.G. § 1B1.1, comment. (n.1(L)).

Ricky Giddens v. Brooks County, Georgia

Court of Appeals for the Eleventh Circuit · Mar 21, 2022

immunity. … But we do not rule out that qualified immunity might play a legitimate role in this case if the case were to be liti- gated further.

Josue Ernesto Munoz-Garcia v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Aug 25, 2020

The IJ found that Petitioners did not qualify for asylum or withholding of removal because they failed to establish either a cognizable “particular social group” or a nexus between that group and any past or future harm … Att’y Gen., 388 F.3d 814, 819 (11th Cir. 2004) (noting that an applicant who cannot establish that he qualifies for asylum cannot meet the “more stringent” standard for withholding of removal). D.

United States v. Jacob Warner

298 F. App'x 825 · Court of Appeals for the Eleventh Circuit · Oct 29, 2008

Testimony established that Warner controlled or influenced Ina Allen and Jannell Lassic. … Under U.S.S.G. § 3E1.1, a defendant who has “clearly demonstrate[d] acceptance of responsibility for his offense” is entitled to a two-level reduction.

United States v. Don Eugene Siegelman

Court of Appeals for the Eleventh Circuit · May 10, 2011

After his election, he established the Alabama Education Lottery Foundation (the “Foundation”) to raise money to campaign for voter approval of a ballot initiative to establish a state lottery. … We conclude that this finding of fact is not clearly erroneous.

Positano Place at Naples I Condominium Association, Inc. v. Empire Indemnity Insurance Company

71 F.4th 827 · Court of Appeals for the Eleventh Circuit · May 31, 2023

Section 1292(a) creates a narrow exception from the “long- established policy against piecemeal appeals.” Gardner v. Westing- house Broad. Co., 437 U.S. 478, 480 (1978). … What it says, therefore, is that although the interlocutory order compels Empire to act (and is en- forceable by the contempt power), the order is unappealable under § 1292(a)(1) because to qualify

Dwight Smith v. Lifeline Animal Project, Inc.

Court of Appeals for the Eleventh Circuit · Jan 28, 2025

claim under § 1983, a plaintiff must plead “that the conduct complained of (1) was committed by a person acting under color of state law and (2) deprived the complainant of rights, privileges or immunities … Singletary, 62 F.3d 1295, 1298 n.2 (11th Cir. 1995) (“Issues not clearly raised in the briefs are considered abandoned.”).

Wyke v. Polk County School Board

137 F.3d 1292 · Court of Appeals for the Eleventh Circuit · Mar 26, 1998

We conclude that Wyke has failed to establish a violation of any constitutional right. … That duty is operational, not discretionary, and the school is not entitled to sovereign immunity. Doe, 599 So.2d at 227; Comuntzis v. Pinellas County Sch. Bd., 508 So.2d 750, 753 (Fla. 2nd Dist. Ct. App. 1987).

Baddeliyanage Lanka Santha v. Harold Linnenkohl

177 F. App'x 24 · Court of Appeals for the Eleventh Circuit · Apr 12, 2006

but that he was “so clearly more qualified for the position . . . that a reasonable juror could infer discriminatory intent from the comparison.” … Santha contends that his slightly longer experience made him more qualified, but Santha failed to establish that the Department objectively must have considered him better qualified than Jubran.

United States v. Stacy Paul Waddell

Court of Appeals for the Eleventh Circuit · Dec 23, 2020

Its wrongs are not his wrongs; its immunity is not his immunity. 21  USCA11 Case: 18-10980 Date Filed: 12/23/2020 Page: 22 of 61 Id. at 1055. … While the district court may very well impose the same sentence, even if the loss calculation is lower on remand, we cannot say that the record clearly establishes that the court would impose that sentence under such circumstances

United States v. Wisly Toussaint

627 F. App'x 810 · Court of Appeals for the Eleventh Circuit · Sep 28, 2015

However, “the Confrontation Clause prohibits only statements that constitute impermissible hearsay,” and “does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted … In light of this evidence, the district court did not clearly err when it found that the earlier McCoy conspiracy was part of a common scheme or plan.

Conservation Alliance of St. Lucie County, Inc. v. U.S. Department of Transportation

847 F.3d 1309 · Court of Appeals for the Eleventh Circuit · Feb 3, 2017

property (including any measures that result in benefits to the property); (ii) The relative severity of the remaining harm, after mitigation, to the protected activities, attributes, or features that qualify … The FHWA’s least-harm analysis was sufficient, its rationale was clearly explained, and its conclusions were reasonable, rather than arbitrary or capricious.

Jimmy Sugg v. City of Sunrise

Court of Appeals for the Eleventh Circuit · Sep 19, 2022

Under McDonnell Doug- las, Sugg has the initial burden of establishing a prima facie case of disability discrimination, i.e., to show (1) disability; (2) that he was otherwise qualified to perform the job; and (3) that he … While Sugg has presented sufficient evidence that he was disabled, and there is no dispute he was qualified, we conclude that Sugg cannot establish causation—i.e., that the City took the alleged employment actions against

United States v. Jeffrey Andre Cheaves

Court of Appeals for the Eleventh Circuit · Mar 21, 2022

The district court denied Cheaves’s motion on the alterna- tive grounds that he established no extraordinary and compelling reasons for compassionate release and that the statutory sentenc- ing factors weighed against modifying … The district court found that Cheaves’s medical conditions did not qualify as extraordinary and compelling enough to warrant early release. See U.S.S.G. § 1B1.13 cmt. n.1; United States v.

Arman Eritsian v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit · Nov 17, 2020

As such, the immigration judge found that the government had established Eritsian’s deportability on both charges. … The 9  USCA11 Case: 19-13872 Date Filed: 11/17/2020 Page: 10 of 23 BIA concluded that the IJ did not clearly err in finding that Eritsian had not presented

United States v. Eduardo Blanchet

518 F. App'x 932 · Court of Appeals for the Eleventh Circuit · May 21, 2013

Thus, the Defendants caused the charged wire transfers, which clearly furthered their scheme. See Pereira v. United States, 347 U.S. 1, 8–9, 74 S. … The CSBE program set aside a certain percentage of Miami-Dade County’s construction work for qualifying small, local businesses. Id. at 1288.

In re: Charles Therion Clayton

Court of Appeals for the Eleventh Circuit · Jul 18, 2016

Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013) , that a conviction under Florida’s aggravated assault statue qualifies as a violent felony to the post-Johnson context without analyzing whether it qualifies … 2255 motion “should simply be whether [an inmate’s] sentence was based on crimes that met ACCA’s ‘violent felony’ definition before Johnson but no longer do,” and noting that the answer “should be ‘no’ only if a sentence clearly