Case law

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.

Pataula Electric Membership Corp. v. Whitworth

951 F.2d 1238 · Court of Appeals for the Eleventh Circuit · Jan 29, 1992

Qualified Immunity Unavailable The DOC defendants claim qualified immunity. … The DOC defendants’ claim of qualified immunity must therefore fail. III.

J. Kenneth Brantley, Edgar v. Lewis, Craig R. Smith, and Garland P. Castleberry

981 F.2d 514 · Court of Appeals for the Eleventh Circuit · Jan 21, 1993

Brantley, 941 F.2d 1146 (11th Cir.1991), is whether the court below should have granted the defendants-appellants’ motion for summary judgment based on qualified immunity. … On May 6, 1981, the district court granted the defendants’ motion for summary judgment on the grounds of qualified immunity. Id.

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.

United States v. Bryant L. Hampton

775 F.2d 1479 · Court of Appeals for the Eleventh Circuit · Nov 13, 1985

And while the government did establish that state investigators knew certain aspects of some of the real estate transactions prior to any *1488 immunized testimony from Hampton, 43 there was no attempt to systematically establish … In the instant case, the government’s showing at the Kastigar hearing is palpably inadequate to qualify for this narrow exception. 52 .

Thomas "Jack" Fitzgerald v. John P. McDaniel and Wayne "Cowboy" Morris, as Sheriff and Deputy Sheriff of Jackson County, Florida, Respectively

833 F.2d 1516 · Court of Appeals for the Eleventh Circuit · Dec 15, 1987

Examining the record in this case, we conclude as we did in Lundgren that because McDaniel and Morris raised, litigated, and submitted to the jury a defense premised on qualified immunity, the lawsuit was filed against them … Qualified immunity is available only in an individual capacity lawsuit, not in an official capacity action. Therefore, we affirm the district court on this issue. D. Motion in Limine.

Denson v. United States

574 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Jul 15, 2009

Qualified immunity is a doctrine that generally shields “[g]overnment officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established rights … In granting their motion for judgment as a matter of law on the ground that they were entitled to qualified immunity, the district court did not indicate whether Friedland and Lavenka were entitled to qualified immunity because

Scott R. Rushing v. Estate of Ernest R. Mincey

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

“[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … 3 were clearly established at the time the officer acted.”

Reese v. Herbert

527 F.3d 1253 · Court of Appeals for the Eleventh Circuit · May 16, 2008

Defendants are entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The facts in this case, viewed in the light most favorable to Reese, do not support the grant of qualified immunity for the defendants.

Faucher v. Rodziewicz

891 F.2d 864 · Court of Appeals for the Eleventh Circuit · Jan 9, 1990

She next asserts that the district court erred in holding that Ap-pellees were protected by a qualified immunity. … Faucher’s claim must also fail. 4 D.Qualified Immunity Because we have found that Appellants did not infringe Dr. Faucher’s due process rights, we need not decide whether they are protected by qualified immunity.

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

Federal Trade Commission v. Phoebe Putney Health System, Inc.

663 F.3d 1369 · Court of Appeals for the Eleventh Circuit · Dec 9, 2011

The Authority’s immunity therefore turns on whether the state has authorized the Authority’s acquisition11 of Palmyra and, in doing so, clearly articulated a policy to displace competition.12 See Town of Hallie, 471 U.S … In the absence of genuine state action, the Commission insists, we can dispose of the immunity issue without even reaching the question whether the state authorized the transaction and clearly articulated a policy to displace

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. … Martin’s case is especially difficult to maintain qualified immunity should be granted is whether the plaintiff can show that it was clearly established at the time of the defendant’s conduct that the plaintiff’s speech

Peter Evans v. City of Zebulon, Georgia

407 F.3d 1272 · Court of Appeals for the Eleventh Circuit · Nov 18, 2003

The defense of qualified immunity will entitle Stephens to summary judgment unless the law was clearly established, either by materially similar precedent, Vinyard v. … Wilson, 311 15 Only decisions of the Supreme Court, the Eleventh Circuit, and the highest court of the relevant state clearly establish the law for purposes of qualified immunity.

Nos. 93-9158, 93-9324

49 F.3d 696 · Court of Appeals for the Eleventh Circuit · May 31, 1995

Under the qualified immunity defense, the defendants are immune from liability if Wooten's complaint fails to state a violation of a "clearly established statutory or constitutional right[ ] of which a reasonable person would … Under the qualified immunity standards, Wooten fails to demonstrate that the defendants violated a clearly established right.

Caban-Wheeler v. Elsea

71 F.3d 837 · Court of Appeals for the Eleventh Circuit · Jan 4, 1996

Qualified Immunity The defendants also argue that William Elsea, Robert Brisbane, Ellinor Dye, Herbert Mabry, and Charles Cherry are entitled to qualified immunity. … Ricks is not clearly erroneous.

United States v. William Copeland

381 F.3d 1101 · Court of Appeals for the Eleventh Circuit · Aug 23, 2004

But a reduction in sentence in exchange for cooperation is 16 much more clearly intended as a boon to defendants than is a promise to immunize defendants from charges based on their … But this does not necessarily establish Copeland’s reasonable understanding of the situation. 6 Cf.

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.

Hercaire International, Inc. v. Argentina

821 F.2d 559 · Court of Appeals for the Eleventh Circuit · Jul 14, 1987

The credit memo clearly states that the credit is “against future purchases.” … Under the framework established by Congress, the FSIA grants foreign states immunity from suit and from execution in U.S. courts, subject to certain specified exceptions. 28 U.S.C. §§ 1604-07 , 1609-11.

Anita Andrews v. Deputy Brandon Marshall

Court of Appeals for the Eleventh Circuit · Apr 5, 2018

Once the defendants advance the affirmative defense of qualified immunity, the complaint must be dismissed, unless the plaintiff’s allegations “state a claim of violation of clearly established law.” Id. … A defendant is not entitled to qualified immunity if (1) his alleged conduct violated a constitutional right and (2) the right was clearly established at the time of the violation. Id. at 1358-59.