Case law

Judicial Complaint, In Re:

207 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Mar 28, 2000

In this case, like Sheth, Appellant accepts Appellee’s version of the events and argues those facts do not demonstrate a violation of clearly established law.1 This Court conducts a de novo review of qualified immunity … Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate “clearly established statutory or constitutional rights of which

Deangela Wilson v. Shelby County

251 F.3d 1340 · Court of Appeals for the Eleventh Circuit · May 23, 2001

Qualified Immunity Having established the existence of a constitutional violation, we turn to the issue whether or not Sheriff Jones is entitled to qualified immunity. … “Qualified immunity shields a § 1983 defendant from liability for harms arising from discretionary acts, as long as the discretionary acts do not violate clearly established federal statutory or constitutional rights of

Deangela Wilson v. Shelby County

251 F.3d 1340 · Court of Appeals for the Eleventh Circuit · May 23, 2001

Qualified Immunity Having established the existence of a constitutional violation, we turn to the issue whether or not Sheriff Jones is entitled to qualified immunity. … "Qualified immunity shields a § 1983 defendant from liability for harms arising from discretionary acts, as long as the discretionary acts do not violate clearly established federal statutory or constitutional rights of

Norris v. Lehman

845 F.2d 283 · Court of Appeals for the Eleventh Circuit · May 17, 1988

On June 26, 1986, the district court granted the motion on sovereign immunity grounds as to all defendants except as to Captain Lewis, in his individual capacity. … immunity because this right was not clearly established at the time he revoked Norris’s CNET certification.

Coffin v. Brandau

614 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

stripped of qualified immunity. … to qualified immunity.

Morro v. City of Birmingham

117 F.3d 508 · Court of Appeals for the Eleventh Circuit · Jul 21, 1997

In that motion, the City contended that our prior qualified immunity decision established that the discipline levied against Morro was not the result of any unconstitutional policy. … Finally, the City's clearly established law argument is irrelevant. The issue before us is not qualified immunity, but evidence of a retaliatory motive.

Braddy v. Florida Dept. of Labor

Court of Appeals for the Eleventh Circuit · Jan 21, 1998

In determining whether or not a state official is entitled to qualified immunity, our analysis turns on whether the state official, in the exercise of his or her discretionary authority, violated “clearly established statutory … qualified immunity.

Mark Gordon v. Sheriff John Everett

479 F. App'x 281 · Court of Appeals for the Eleventh Circuit · Jul 3, 2012

Qualified immunity is “an entitlement not to stand trial . . . when a government actor’s discretionary conduct does not violate clearly established statutory or constitutional rights.” Koch v. … QUALIFIED IMMUNITY An officer is not entitled to qualified immunity when, acting in his discretionary capacity, he violates clearly established constitutional or federal law. See Koch, 221 F.3d at 1294.

Peterson v. Baker

504 F.3d 1331 · Court of Appeals for the Eleventh Circuit · Oct 25, 2007

We do not review the district court’s judgment on this issue. 2 Although the district court concluded that the teacher committed no constitutional violation, it also determined that she was entitled to qualified immunity … Plaintiff asserts that the teacher’s act of grabbing and squeezing Jonathon’s neck was excessive corporal punishment in violation of clearly established constitutional law.

Judicial Complaint, In Re:

207 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Mar 28, 2000

In this case, like Sheth, Appellant accepts Appellee's version of the events and argues those facts do not demonstrate a violation of clearly established law.1 This Court conducts a de novo review of qualified immunity … Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate "clearly established statutory or constitutional rights of which

Brett v. Jefferson County, Georgia

123 F.3d 1429 · Court of Appeals for the Eleventh Circuit · Oct 3, 1997

In view of its judgment on the substantive claims, the district court did not reach the issue of qualified immunity as raised by Hutchins. … First Amendment Rights 8 The former deputy sheriffs also argue that Hutchins was not entitled to qualified immunity because his failure to reappoint the deputy sheriffs violated clearly established constitutional

Coffin v. Brandau

614 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

stripped of qualified immunity. … to qualified immunity.

Christopher Parker v. City Of Apopka

Court of Appeals for the Eleventh Circuit · Aug 31, 2016

It is by now well-established that an order denying federal qualified immunity satisfies the above requirements. See Schmelz v. Monroe Cty., 954 F.2d 1540, 1543 (11th Cir. 1992) (citing Mitchell v. … Rule 38 sanctions are appropriately imposed against appellants who raise “clearly frivolous claims in the face of established law and clear facts.” Farese v.

Dean Effarage Farrow v. Dr. West

320 F.3d 1235 · Court of Appeals for the Eleventh Circuit · Feb 7, 2003

The Supreme Court has set forth a two-part test for qualified immunity analysis. … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation.” Hope v. Pelzer, 122 S. Ct. 2508, 2513 (2002).

Powell v. GA Dept./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.

Greensboro Lumber Company v. Georgia Power Company

844 F.2d 1538 · Court of Appeals for the Eleventh Circuit · May 18, 1988

ANTITRUST CLAIMS AGAINST MEAG AND THE PARTICIPANTS The district court held that the actions of MEAG and the Participants are immune from antitrust scrutiny under the state action immunity doctrine, as set out in Parker v. … facility, in accordance with § 292.305, any energy and capacity requested by the qualifying facility”

Danner Construction Co., Inc. v. Hillsborough Cty.

608 F.3d 809 · Court of Appeals for the Eleventh Circuit · Jun 9, 2010

In Parker , the Supreme Court established a general immunity from antitrust liability for state governmental actors acting pursuant to state law, a concept now often denominated “Parker im *813 munity” or “state action immunity … These sections do clearly establish the county’s authority to regulate rates charged by these “facilities,” but nowhere do they speak of the county’s obligation to set rates for those who collect and take the waste to these

Thornton v. City of Macon

132 F.3d 1395 · Court of Appeals for the Eleventh Circuit · Jan 13, 1998

A public official is entitled to qualified immunity from a § 1983 damages action if his actions did not violate clearly established law. … It is clearly established that the use of excessive force in carrying out an arrest constitutes a violation of the Fourth Amendment. See Graham v.

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541 · Court of Appeals for the Eleventh Circuit · Jul 21, 1986

The qualified immunity defense in § 1983 suits, however, is an objective rather than subjective test. In Harlow v. … Thus, appellees would be immune from liability in the § 1983 action unless appellants could prove that appellees’ actions violated “clearly established” constitutional rights. See, e.g., Flinn v.

West v. Tillman

496 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Aug 27, 2007

Defendants moved for summary judgment on the basis of qualified immunity. … DISCUSSION Under the doctrine of qualified immunity, government officials performing discretionary functions may not be held individually liable for civil damages so long as their conduct does not violate “‘clearly