Case law

Geneva Roland v. E.W. Phillips David Benjamin Lin Harrell

19 F.3d 552 · Court of Appeals for the Eleventh Circuit · Apr 15, 1994

Alternatively, defendants-appellants contended that they were entitled to qualified immunity. … Because we have determined that defendants-appellants are entitled to absolute quasi-judicial immunity, their alternative qualified immunity defense is moot.

Brian L. Grech v. Clayton County, Georgia

288 F.3d 1277 · Court of Appeals for the Eleventh Circuit · Mar 1, 2002

Qualified immunity protects government officials, in their individual capacities, from suit unless the law preexisting the defendant official’s supposedly wrongful act was already established to such a high degree that … Ga. 1998). 19  Qualified immunity is an immunity from suit altogether.

Bussinger v. City of New Smyrna Beach

50 F.3d 922 · Court of Appeals for the Eleventh Circuit · Apr 20, 1995

Appellants moved for summary judgment, alleging qualified immunity and other grounds. … established law.

Jenkins v. Talladega City Bd. of Ed

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

Qualified immunity accommodates these interests by protecting those who act in reasonable reliance upon established legal principles but permitting liability for clearly unconstitutional conduct. … unclear for qualified immunity purposes.

Florida Dept. of Revenue v. Diaz

647 F.3d 1073 · Court of Appeals for the Eleventh Circuit · Jul 27, 2011

A bankruptcy judge abuses his discretion if he commits an error of law or relies on factual findings that are clearly erroneous. See In re Celotex Corp., 227 F.3d 1336,1338 (11th Cir. 2000). II. … The Court’s decision, however, does establish some parameters.

Zen Group, Inc. v. State of Florida Agency for Health Care Administra

Court of Appeals for the Eleventh Circuit · Sep 13, 2023

Only holdings of “the Supreme Court, the Eleventh Circuit or the law of [the Su- preme Court of Florida] . . . can ‘clearly establish’ constitutional rights” for purposes of qualified immunity. … We reversed a denial of qualified immunity because we found that no “clearly es- tablished right exists under the equal protection clause to be free from retaliation.” Id.

Kathryn Walker v. Secretary of the Army

Court of Appeals for the Eleventh Circuit · Oct 31, 2024

Gladden, 777 F.3d 1198, 1209 (11th Cir. 2015) (“In order to authorize official-capacity suits, Congress must clearly waive the federal government’s sovereign immunity.”). … Congress clearly drew a line at 14 days and only provided for judicial review when the suspension surpasses that mark.

Georgia Higher Education Assistance Corp. v. Crow

394 F.3d 918 · Court of Appeals for the Eleventh Circuit · Dec 23, 2004

Congress clearly stated its intent to abrogate state sovereign immunity in § 106(a), which provides in relevant part: “Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental … The Crows contend that Congress had the power to abrogate state sovereign immunity in enacting § 106(a) pursuant to its Article I bankruptcy power, under which “Congress shall have power . . . To establish . . .

Mastroianni v. Bowers

160 F.3d 671 · Court of Appeals for the Eleventh Circuit · Nov 13, 1998

immunity as a defense, and (2) the issue on appeal is whether the undisputed facts show a violation of clearly established law. … immunity is confined to determining whether the law supposedly violated was clearly established.

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 Appellees were protected by a qualified immunity. … Qualified Immunity 44 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. E. Pendent State Claims 45 Dr.

Ensley v. Garrison

142 F.3d 1402 · Court of Appeals for the Eleventh Circuit · Jun 11, 1998

CONCLUSION Johnston appeals the district court’s order denying him qualified immunity. … Because Johnston did not have any clearly established duty to warn the Ensleys before they entered the crime scene, and 16 because Johnston did not have a clearly established duty to

John Doe, Jane Doe v. Kathleen A. Kearney

329 F.3d 1286 · Court of Appeals for the Eleventh Circuit · May 8, 2003

Appellants also challenge the district court’s determination that O’Brien was immune from suit. In weighing a state official’s qualified immunity defense, we conduct a two-part inquiry. … Only if it did do we reach the second question of whether the right was clearly established at the time the conduct occurred so as to overcome the immunity defense. See Saucier v. Katz, 533 U.S. 194, 201, 121 S.

Weissman v. National Ass'n of Securities Dealers, Inc.

468 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Nov 1, 2006

Sipple, 211 F.3d 1346 , 1350 (11th Cir.2000) (applying de novo standard of review to denial of qualified immunity). … "Rule 38 sanctions have been imposed against appellants who raise ‘clearly frivolous claims' in the face of established law and clear facts." Farese v.

David Sosa v. Martin County, Florida

57 F.4th 1297 · Court of Appeals for the Eleventh Circuit · Jan 20, 2023

Perrill, 916 F.2d 1392, 1398 n.11 (9th Cir. 1990), as “noting that the only issue before it with respect to qualified immunity was ‘whether there was a clearly established duty to investigate’; that its prior … And we have not said that Rivas- Villegas abrogated our case law that holds that a plaintiff may show that a right is clearly established by “point[ing] to a broader, clearly established principle

Municipal Utilities Board of Albertville v. Alabama Power Co.

21 F.3d 384 · Court of Appeals for the Eleventh Circuit · May 23, 1994

In an earlier proceeding, we agreed with the district court that the state action immunity doctrine of Parker v. … We therefore hold that the private agreements in. question in this ease qualify for state action immunity. 4 Accordingly, we af *388 firm the decision of the district court dismissing the Cities’ case.

L.G. v. Antonio Bostic

720 F.3d 887 · Court of Appeals for the Eleventh Circuit · Jul 3, 2013

This court (Hull, J.) reversed the district court’s order denying Sexton qualified immunity but upheld the decision as to Bostic. … Nor will Gray’s litigation aid qualified immunity litigation in future cases.

Hartsfield v. Lemacks

Court of Appeals for the Eleventh Circuit · Apr 24, 1995

This court utilizes a two-part analysis for the defense of qualified immunity. … In Lassiter, we explained that for law to be clearly established in the qualified immunity context, "pre-existing law must dictate, that is truly compel (not just suggest or allow or raise a question

Vickey Horton Tapley v. Darrell Collins

211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … constitutional rights that are not clearly established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

United States v. Real Property & Improvements Located At 5000 Palmetto Drive, Fort Pierce, St. Lucie County, Florida

928 F.2d 373 · Court of Appeals for the Eleventh Circuit · Apr 11, 1991

The claimant bears the burden of establishing standing. United States v. … Determination of an innocent owner claim may be reversed only if clearly erroneous. United States v.

Ensley v. Garrison

142 F.3d 1402 · Court of Appeals for the Eleventh Circuit · Jun 11, 1998

DISCUSSION On appeal, Johnston renews his contention that he is entitled to qualified immunity.3 The doctrine of qualified immunity "protects government officials performing discretionary functions from civil trials … CONCLUSION Johnston appeals the district court's order denying him qualified immunity.