Case law

Wood v. City of Lakeland, FL

203 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Feb 16, 2000

Qualified immunity protects government officials who have acted within their discretionary authority from civil trials and other litigation burdens “if their conduct violates no ‘clearly established statutory or constitutional … Defendant Thompson is therefore entitled to qualified immunity.

McMillian v. Johnson

Court of Appeals for the Eleventh Circuit · Jul 9, 1996

established. … The court held that Garner did not clearly establish that deadly force cannot be used against a fleeing, previously arrested, non-dangerous felon.

Zeigler v. Jackson

716 F.2d 847 · Court of Appeals for the Eleventh Circuit · Oct 3, 1983

Fitzgerald, --- U.S. ----, 102 S.Ct. 2727, 2736-39 , 73 L.Ed.2d 396 (1982), the Supreme Court held that public officials whose positions entail the exercise of discretion enjoy qualified immunity from personal liability in … . ----, 103 S.Ct. 1253 , 75 L.Ed.2d 481 (1982). 8 In order to show that a defendant exercising broad discretionary power lacked good faith, plaintiff must prove that the defendant's actions violated clearly established constitutional

American Federation of Labor & Congress of Industrial Organizations v. City of Miami

637 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Apr 5, 2011

That count was dismissed by the district court because it concluded that the officers were entitled to qualified immunity. … A government official is entitled to qualified immunity if, under the facts as alleged, his conduct did not violate a clearly established statutory or constitutional right of which a

Martin v. City of Birmingham

141 F.3d 1417 · Court of Appeals for the Eleventh Circuit · Apr 28, 1998

To defeat a claim for qualified immunity, a plaintiff must show that the federal right he accuses the defendant of violating was "clearly established" when the defendant acted. See Foy v. … As discussed infra, the test for determining, in a case such as this, whether a motion for summary judgment based on qualified immunity should be granted is whether the plaintiff can show that it was clearly established at

In Re: Custom Contractors, LLC, Deborah C. Menotte v. United States

745 F.3d 1342 · Court of Appeals for the Eleventh Circuit · Mar 26, 2014

Menotte also argues that the district court erred when it ruled that the IRS qualified for the mere conduit exception. … Nor can we say, based on the record, that the bankruptcy court clearly erred in determining that the Debtor was not operating with unreasonably small capital.

Sheth v. City of Mobile

137 F.3d 1447 · Court of Appeals for the Eleventh Circuit · Apr 2, 1998

suit unless they violate clearly established law”). … The same facts which establish Sergeant Webster’s entitlement to qualified immunity establish that his acts were not willful, malicious or in bad faith.

Sheth v. City of Mobile

137 F.3d 1447 · Court of Appeals for the Eleventh Circuit · Apr 2, 1998

suit unless they violate clearly established law"). … The same facts which establish Sergeant Williams’ entitlement to qualified immunity establish that his acts were not willful, malicious or in bad faith.

Donald Grochowski v. Clayton County, Georgia

961 F.3d 1311 · Court of Appeals for the Eleventh Circuit · Jun 22, 2020

The Jail Supervisors and the County together moved for summary judgment, arguing that the Jail Supervisors were entitled to qualified immunity, and that, under Monell v. … immunity conclusion by also considering whether “the right was clearly established at the time of the misconduct.”

Kameron Butler v. Charlene Smith

Court of Appeals for the Eleventh Circuit · Oct 25, 2023

Finally, a brief word about qualified immunity. … Because Officer Smith’s assertion of qualified immunity can be defeated only by a showing of “clearly established” law, we will review not for actual probable cause but rather for “‘arguable’ probable

Stacy Allen Draper v. Clinton D. Reynolds

369 F.3d 1270 · Court of Appeals for the Eleventh Circuit · May 17, 2004

Qualified Immunity To determine whether Reynolds is entitled to qualified immunity, we apply a two-part inquiry. … immunity test.

Jerry Charges Vaughn v. Fred Lawrence Cox

264 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Aug 31, 2001

Qualified Immunity We now turn to the question of whether Deputy Cox should be shielded from suit based on qualified immunity. … Qualified immunity provides complete protection for government officials sued in their individual capacities as long as “their conduct violates no ‘clearly established statutory or constitutional rights of which a reasonable

Ronald Cox v. Deputy Warden

Court of Appeals for the Eleventh Circuit · Oct 18, 2021

the question of whether the GDC officials were entitled to qualified immunity. … DISCUSSION The affirmative defense of qualified immunity “generally shields government officials from liability for civil damages ‘inso- far as their conduct does not violate clearly established statutory or constitutional

Stephanie Harris v. Clint Deveaux

780 F.2d 911 · Court of Appeals for the Eleventh Circuit · Jan 21, 1986

In Stump , the Supreme Court established a two-part test for determining whether a judge enjoys immunity from money damages under section 1983. First, whether the judge dealt with the plaintiff in a judicial capacity. … In the current ease, three of these factors are clearly present.

Cottrell v. Caldwell

85 F.3d 1480 · Court of Appeals for the Eleventh Circuit · Jun 3, 1996

An example of such an issue is "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, . . . whether the law clearly proscribed the actions the defendant … the federal right allegedly infringed was clearly established."

Harris v. Board of Education

105 F.3d 591 · Court of Appeals for the Eleventh Circuit · Jan 23, 1997

Public officials are entitled to qualified immunity from "liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … while continuing to pay him his salary and benefits violated clearly established law.

Jenkins v. Talladega City Bd. of Ed

Court of Appeals for the Eleventh Circuit · Sep 23, 1996

"For 7 the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make … The ‘make specific’ standard is substantially higher than the ‘clearly established’ standard used to judge qualified immunity in section 1983 cases. Id. at 1393.

Zivojinovich v. Barner

525 F.3d 1059 · Court of Appeals for the Eleventh Circuit · Apr 23, 2008

Qualified immunity shields public officials from suits against them in their individual capacities for torts committed while performing discretionary duties unless the tortious act violates a clearly established statutory … Because Knott’s use of the taser gun while leading Alex out of the Ritz in handcuffs was not unreasonable, we do not reach 30 the well-established prong of the qualified immunity

Michael Lee Sammons v. Maury Taylor, Six Unidentified Fbi Agents or Department of Justice Employees United States of America

967 F.2d 1533 · Court of Appeals for the Eleventh Circuit · Aug 10, 1992

In order to prevail upon their quest for summary judgment on the basis of qualified immunity, appellees must establish that they are entitled to qualified immunity as a matter of law and also must establish “that there are … Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Angie Chesser v. Haralson County, Georgia

Court of Appeals for the Eleventh Circuit · Apr 18, 2001

violation of a clearly established constitutional right." … Evaluating the defense of qualified immunity involves a two step inquiry: first, whether the defendant's conduct violated a clearly established constitutional right; and, second, whether a reasonable government official