Case law

Anderson v. District Board of Trustees of Central Florida Community College

77 F.3d 364 · Court of Appeals for the Eleventh Circuit · Feb 20, 1996

The defendants’ third affirmative defense asserts that: “Defendants in both their individual and official capacity enjoy absolute and/or qualified immunity.” … Appellants contend that there is no material issue of fact and that they are entitled to qualified immunity, if not absolute legislative immunity, on Anderson’s federal constitutional claims — specifically, his claims under

Larry Hope v. Mark Pelzer

Court of Appeals for the Eleventh Circuit · Feb 2, 2001

Public officials are entitled to qualified immunity from monetary damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When analyzing a qualified immunity defense, “[w]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official

Long Ex Rel. Purvis v. Satz

181 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Jul 22, 1999

If the answer is yes, the defendants are immune from suit. 3 The defendants also contend that this suit is barred by the 11th Amendment and that they are entitled to qualified immunity; we reject the 11th … Amendment argument, and do not reach the question of qualified immunity.

Larry Hope v. Mark Pelzer

Court of Appeals for the Eleventh Circuit · Feb 2, 2001

Public officials are entitled to qualified immunity from monetary damages if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … When analyzing a qualified immunity defense, "[w]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official

Michael Weaver v. Madison City Board of Education

771 F.3d 748 · Court of Appeals for the Eleventh Circuit · Nov 4, 2014

A A Supreme Court decision abrogates one of our prior cases only if it is “clearly on point.” United States v. Lawson, 686 F.3d 1317, 1319 (11th Cir. 2012). … ] test to the facts before us does not support a finding that the [school board] has established a right to Eleventh Amendment immunity.”

United States v. Real Property & Improvements

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

The government argues that claimant does not have standing to challenge the seizure of property and, even if she has standing, she does not qualify as an “innocent owner” of the property. We affirm. … The claimant bears the burden of establishing standing. United States v. Five Hundred Thousand Dollars, 730 F.2d 1437, 1439 (11th Cir.1984).

Joe Marsh v. Butler County, Alabama

225 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Sep 7, 2000

Sheriff Harris is protected by qualified immunity. … Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions in a manner that violates “no clearly established statutory or constitutional rights of which a

Samantha Smith v. United States

14 F.4th 1228 · Court of Appeals for the Eleventh Circuit · Sep 27, 2021

If a plaintiff fails to establish that state-law duty, or any of Section 1346(b)(1)’s other jurisdictional elements, the United States retains its sovereign immunity and the suit cannot go forward. Brownback, 141 S. … The violation of a federal manual that arguably references state law would not qualify.

Maradiaga v. United States

679 F.3d 1286 · Court of Appeals for the Eleventh Circuit · May 8, 2012

The Florida Birth-Related Neurological Injury Compensation Act The Florida Birth-Related Neurological Injury Compensation Act “established the Florida Birth-Related Neurological Injury Compensation Plan,” which is … , and Stanton and Audette, as federal employees, fail to qualify as participating physicians.

Hamilton v. Cannon

114 F.3d 172 · Court of Appeals for the Eleventh Circuit · Jun 5, 1997

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).

Praxair, Inc. v. Florida Power & Light Co. Florida Power Corp.

64 F.3d 609 · Court of Appeals for the Eleventh Circuit · Sep 19, 1995

For private conduct to qualify for immunity under the state action doctrine, the challenged restraint must meet a two-pronged test. First, it must be “clearly articulated and affirmatively expressed as state policy.” … A clearly articulated policy can be established if a state statute authorizes an agency to regulate the area and “provides” for a regulatory scheme that inherently displaces unfettered business freedom.

Mastroianni v. Bowers

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

conspiracy to present false evidence, for which neither absolute nor qualified immunity is available. … , nor does it permit a reasonable inference that Jackson was sufficiently involved in this case such that he had reason to know that his conduct violated Mastroianni’s clearly established rights.

Sheba Ethiopian Restaurant, Inc. v. Dekalb County, Georgia

Court of Appeals for the Eleventh Circuit · Jun 1, 2023

immunity for violating another right that isn’t clearly established. … For all of these reasons, Sheba hasn’t met its burden of showing that the officials violated clearly established law. The of- ficials are thus entitled to qualified immunity.

Kimberly Regenesis, LLC v. Lee County

64 F.4th 1253 · Court of Appeals for the Eleventh Circuit · Apr 10, 2023

Holt, 469 U.S. 464, 473 (1985) (“[A] municipality is not entitled to the shield of qualified immunity from liability[.]”). … Put another way, “[t]he[] defenses of absolute immunity and qualified immun- ity are the official’s personal privileges for his official acts.

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 would … I disagree, however, with the majority’s decision as to the qualified immunity of the school officials. The school officials begin with qualified immunity.

Dennis Sochor v. Secretary Department of Corrections

685 F.3d 1016 · Court of Appeals for the Eleventh Circuit · Jun 27, 2012

immunity. … established federal law.

Oladeinde v. Birmingham, City of

Court of Appeals for the Eleventh Circuit · Oct 16, 2000

Applicability of Qualified Immunity for First Amendment Claims Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … The plaintiffs contend that Chief Deutsch and Captain Walker are not entitled to qualified immunity because it was clearly established on January 4, 1991, that their speech was protected, and because the jury expressly

Mastroianni v. Bowers

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

for which neither absolute nor qualified immunity is available. … Jackson was sufficiently involved in this case such that he had reason to know that his conduct violated Mastroianni's clearly established rights.

Cody Edward Davis v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · May 22, 2025

When AEDPA deference applies, a federal court may grant habeas relief only if the decision of the state court (1) was contrary to, or an unreasonable application of, clearly established federal law, as … Ct. 75, 82 (2025) (“General legal principles can constitute clearly established law for purposes of AEDPA so long as they are holdings of th[e Supreme] Court.”).

Denno v. School Bd. of Volusia Cty.

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

Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person would have known. Santamorena v. … I disagree, however, with the majority's decision as to the qualified immunity of the school officials. The school officials begin with qualified immunity.