Case law

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.

Almand v. DeKalb County, Georgia

103 F.3d 1510 · Court of Appeals for the Eleventh Circuit · Jan 24, 1997

EDMONDSON, Circuit Judge: This appeal on qualified immunity raises a question about when a police officer is or is not acting under color of state law for the purpose of 42 U.S.C. § 1983 . … In qualified immunity cases, “[a] necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is 'clearly established’ at the time the defendant acted [that is, the qualified immunity

Aquate II, LLC v. Jessica Myers

100 F.4th 1316 · Court of Appeals for the Eleventh Circuit · May 1, 2024

Both businesses here qualify. AQuate II, LLC, is organized under the authority of the Alabama-Quassarte Tribal Town with its principal place of business in Huntsville, Alabama. … The court began by considering the validity of the clause and found that enforcement would be unreasonable under the circumstances because the record had clearly established that the forum did not

Mitchell v. McKeithen

672 F. App'x 900 · Court of Appeals for the Eleventh Circuit · Nov 29, 2016

Alternatively, the district court found both defendants were entitled to qualified immunity. … This conclusion leaves us with no need to evaluate the district court’s finding about qualified immunity, so we do not. A.

Jasmine Adams v. Demopolis City Schools

80 F.4th 1259 · Court of Appeals for the Eleventh Circuit · Sep 1, 2023

immunity barred at least one of the claims. … immunity.

Municipal Utilities Bd. v. Alabama Power Co.

925 F.2d 1385 · Court of Appeals for the Eleventh Circuit · Mar 11, 1991

The Cities contend that the defendants’ actions do not qualify for state action immunity for two reasons. … We agree with the district court that the Acts on their face meet the requirements of Midcal and therefore qualify for antitrust immunity under the state action doctrine.

Gray Ex Rel. Alexander v. Bostic

613 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jun 12, 2009

. § 1983 complaint on qualified immunity grounds. Gray v. Bostic, No. 04-12240, slip op. at 18, 22 (11th Cir. Dec. 27, 2004) (Gray I). … judgment based on qualified immunity.

TEC Cogeneration Inc. v. Florida Power & Light Co.

76 F.3d 1560 · Court of Appeals for the Eleventh Circuit · Mar 8, 1996

Clearly Articulated Policy of the State. The Court set out the first element of state action immunity in Southern Motor Carriers Rate Conference, Inc. v. … The answer is clearly yes, as to each.

Victor Harris v. Coweta County, Georgia

489 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Apr 20, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appropriate. Lee, 284 F.3d at 1194. … Is Scott entitled to qualified immunity?

Leslie Baas v. Michael A. Fewless

Court of Appeals for the Eleventh Circuit · Apr 2, 2018

immunity, we must “evaluate whether [the] allegations, if true, establish a violation of a constitutional or statutory right,” and if so, whether that right was “clearly established” such that it “provided fair warning … Appellees are therefore entitled to qualified immunity.

Vivian Jackson v. Preston West

Court of Appeals for the Eleventh Circuit · Jun 3, 2015

“Government officials performing discretionary functions are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “In addition, once the defense of qualified immunity is raised, the plaintiff must persuade the court that the law was clearly established that the defendant’s conduct in the circumstances amounted to deliberate indifference

Leslie Baas v. Michael A. Fewless

Court of Appeals for the Eleventh Circuit · Apr 2, 2018

immunity, we must “evaluate whether [the] allegations, if true, establish a violation of a constitutional or statutory right,” and if so, whether that right was “clearly established” such that it “provided fair warning … Appellees are therefore entitled to qualified immunity.

Larry Bolin, Kenneth David Pealock v. Richard W. Story

225 F.3d 1234 · Court of Appeals for the Eleventh Circuit · Sep 18, 2000

Further, the complaint alleges that “[i]t has been clearly established that appellate court judges in the Eleventh Circuit routinely do not read pro se briefs, but allow staff attorneys to make ‘summaries’ for them instead … Abella merely contains a general comment on the coextensiveness of remedies and immunities under § 1983 and Bivens, Charles discusses witness immunity, and Barker involves qualified immunity.

Victor Harris v. Coweta County, Georgia

489 F.3d 1207 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appropriate. Lee, 284 F.3d at 1194. … Is Scott entitled to qualified immunity?

Langston Austin v. Glynn County, Georgia

80 F.4th 1342 · Court of Appeals for the Eleventh Circuit · Sep 14, 2023

Our prece- dent holds that a sheriff acting in his individual capacity has “no control over [the plaintiff’s] employment and does not qualify as [the plaintiff’s] employer.” … App’x 575, 578–79 (11th Cir. 2012), one that we expressly rejected in Pellitteri, 776 F.3d at 782 (“In Keene, we found that th[e third] factor weighed against immunity because the County is clearly

Maynard v. Board of Regents of the Division of Universities of the Florida Department of Education

342 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Aug 22, 2003

XI. 10 Amendment immunity from suit in federal court for breach of contract.9 It is well established that, absent an express waiver by the state, the Eleventh Amendment … immunity may subject it to suit in state court, it is not enough to waive the immunity guaranteed by the Eleventh Amendment.”)

Bannum, Inc. And Bannum Properties, Inc. v. City of Fort Lauderdale

901 F.2d 989 · Court of Appeals for the Eleventh Circuit · May 24, 1990

The district court granted summary judgment *991 to all defendants on the bases of absolute, qualified and municipal immunity. … With respect to civil rights violations, municipalities are not entitled to absolute or qualified immunity. Owen v.

Parker v. Williams

855 F.2d 763 · Court of Appeals for the Eleventh Circuit · Sep 20, 1988

Qualified immunity is normally a threshold issue. Most recently in Anderson v. … Sheriff Amerson misapprehends the nature of qualified immunity for section 1983 claims against individuals. Harlow v.

Stacey Tatroe v. Cobb County, GA

221 F. App'x 899 · Court of Appeals for the Eleventh Circuit · Mar 29, 2007

The district court denied Wheeler’s motion for summary judgment, finding that he was not entitled to qualified immunity at this stage of the litigation. … See Stanley, 219 F.3d at 1296 (“A defendant is entitled to qualified immunity under the Foy rationale only where, among other things, the record indisputably establishes that 2

Gray ex rel. Alexander v. Bostic

570 F.3d 1321 · Court of Appeals for the Eleventh Circuit · Jun 12, 2009

. § 1983 complaint on qualified immunity grounds. Gray v. Bostic, 127 Fed.Appx. 472 (11th Cir.2004) (Gray I). … judgment based on qualified immunity.