Case law

Swint v. City Of Wadley

5 F.3d 1435 · Court of Appeals for the Eleventh Circuit · Nov 3, 1993

by ... clearly-established law." … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

Hardin v. Hayes

957 F.2d 845 · Court of Appeals for the Eleventh Circuit · Apr 9, 1992

Qualified immunity shields government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, he is entitled to qualified immunity.' Based upon the foregoing facts, Sheriff Hayes is likewise entitled to summary judgment based on qualified immunity.

Riley v. Newton

94 F.3d 632 · Court of Appeals for the Eleventh Circuit · Sep 11, 1996

"For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such concrete and factually defined context to make it obvious to all … ("For the law to be clearly established to the point that qualified immunity does not apply, the law must [be] concrete and factually defined....") (quoting Anderson v.

David C. Skrtich v. Timothy Alvin Thornton

Court of Appeals for the Eleventh Circuit · Jan 29, 2002

established law” of excessive force on its head and changes the purpose of qualified immunity in excessive force cases from one of protection for the legitimate use of force into a shield for clearly illegal conduct. … Layne, 526 U.S. 603, 615 (1999) (“‘clearly established’” for purposes of qualified immunity does not mean that “‘an official action is protected by qualified immunity unless the very action in question has previously been

Smith v. Siegelman

322 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Feb 28, 2003

The qualified immunity defense may be raised and addressed on a motion to dismiss, and will be granted if the complaint “fails to allege the violation of a clearly established constitutional right.” Chesser v. … 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 have

Chandler v. Secretary of the Florida Department of Transportation

695 F.3d 1194 · Court of Appeals for the Eleventh Circuit · Sep 19, 2012

Consequently, qualified immunity is denied. We review de novo the district court’s denial of the motion to dismiss on qualified immunity grounds. See Long v. Slaton, 508 F.3d 576, 579 (11th Cir.2007). II. … violation of a clearly established law.

Walter Dartland v. Metropolitan Dade County, a Political Subdivision of the State of Florida, Sergio Pereira

866 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Feb 27, 1989

Pereira moved for summary judgment based on qualified immunity. The district court denied the motion. The Supreme Court formed the principle of qualified immunity in Harlow v. … “The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional rights in the most general possible terms

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley's acts, as established by the record before us, violated no clearly established law. C.

Denno v. School Bd. of Volusia Cty.

182 F.3d 780 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person … See Lassiter, 28 F.3d at 1150 (noting that qualified immunity is surrendered only when “pre-existing law” clearly establishes right in question).

Lee v. GTE Florida, Inc.

226 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Sep 13, 2000

None of Lee’s proffered evidence established that she was more qualified than Hines, let alone so clearly more qualified for the position than Hines that a reasonable juror could infer discriminatory intent from the comparison … Since Lee’s evidence at trial fell far short of establishing that she was clearly more qualified for the position than Hines, Lee did not meet her burden of establishing that Shaffer’s proffered reason for denying her

Bryant v. CEO DeKalb Co.

575 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Jul 31, 2009

clearly established under § 1981. … Furthermore, even if Drew’s misguided interpretation of the “clearly established” prong of the qualified immunity test was correct, it is well-established in this circuit that claims for retaliation are cognizable pursuant

Powell v. Georgia Department of Human Resources

114 F.3d 1074 · Court of Appeals for the Eleventh Circuit · May 29, 1997

In order to strip the appellees of their qualified immunity defense, Powell must demonstrate that the appellees violated clearly established constitutional rights of which a reasonable person would have known. … Because the appellees have invoked the defense of qualified immunity, Powell must prove a violation of a clearly established constitutional right.

Brent K. Hansen v. John Soldenwagner Raymond Malecki John Puleo, City of Sunrise

19 F.3d 573 · Court of Appeals for the Eleventh Circuit · Apr 21, 1994

QUALIFIED IMMUNITY Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no “clearly established statutory or constitutional rights of which a reasonable … Here, as in all qualified immunity cases, the question is fact specific: in April 1990, was it clearly established in this circuit that it was unconstitutional for police officials to investigate and to suspend an officer

Reverend Stephen Jarrard v. Sheriff of Polk County

115 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

established” to over- come their qualified-immunity defense. … Hartop, 992 F.3d 492, 504–17 (6th Cir. 2021), but that case cannot clearly establish the law in this Circuit for purposes of qualified immunity. Gilmore, 111 F.4th at 1135–36.

Denno v. School Board of Volusia County

182 F.3d 780 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person would … As indicated in our elaboration above of the qualified immunity standard, pre-existing law must clearly establish the alleged constitutional right.

David C. Skrtich v. Timothy Alvin Thornton

280 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Jan 29, 2002

Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (" 'clearly established' ” for purposes of qualified immunity does not mean that “ 'an official action is protected by qualified immunity unless the very

Hamm v. Powell

874 F.2d 766 · Court of Appeals for the Eleventh Circuit · Jun 6, 1989

Nevertheless, they did not waive their right not to be held liable for conduct that did not violate clearly established law. *771 In Harlow , the Supreme Court reshaped the doctrine of qualified immunity and held that “government … Neither Johnson nor Gilmere involved a defense of qualified immunity. .

Dolihite v. Maughon

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

The qualified immunity analysis requires the court to determine whether a defendant violated clearly established constitutional law. 21 In Harlow v. … is insufficient to clearly establish the law for purposes of overcoming the appellants’ qualified immunity claims in this ease. 23 In determining whether the appellants in this case are entitled to qualified immunity, we

Hamilton v. Cannon

80 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Apr 19, 1996

The court also granted Lonnie Brown summary judgment on the section 1983 claims, in his individual capacity, on the ground of qualified immunity. Id. … On appeal, we reversed the district court's denial of qualified immunity to defendants Tookes and Duncan on the section 1983 claims. Hamilton v. Cannon, 80 F.3d 1525, 1532 (11th Cir.1996).

Omar Ex Rel. Cannon v. Lindsey

334 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Jun 26, 2003

PER CURIAM: This is an interlocutory appeal from the denial of a motion to dismiss on the grounds of qualified immunity.