Case law

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.

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.

67 Fair empl.prac.cas. (Bna) 844, 67 Empl. Prac. Dec. P 43,802 Kara Cross Debra York, Martha O'Quinn Melissa Weltin Mary Stalnacher Secunda Davis Carolyn Thacker, Plaintiffs-Intervenors-Appellees v. State of Alabama, State Department of Mental Health & Mental Retardation J. Michael Horsley, Individually and as Associate Commissioner for the State Department of Mental Health & Mental Retardation R. Emmett Poundstone, Iii, Individually and as Associate Commissioner for the State Department of Mental Health & Mental Retardation Larry Stricklin, Individually and as Facility Director of the Taylor Hardin Secure Medical Facility

49 F.3d 1490 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

Horsley contends that he is entitled to qualified immunity. … Qualified Immunity 89 Horsley, in his individual capacity, argues that qualified immunity protects him from appellees' section 1983 lawsuit.

Louise Cook v. Sheriff of Monroe County

402 F.3d 1092 · Court of Appeals for the Eleventh Circuit · Mar 10, 2005

immunity.” … App. 1989) (“Clearly, the sheriff and his deputies owed the decedent the duty to use reasonable care for his safety when he was incarcerated.”).

55 Fair empl.prac.cas. 211, 55 Empl. Prac. Dec. P 40,562 Mathas Brown v. City of Fort Lauderdale, a Municipality, and Constance W. Hoffman, in Her Official Capacity as City Manager of the City of Fort Lauderdale, Ron Cochran, in His Official Capacity as Police Chief of the City of Fort Lauderdale, Police Department, Mathas Brown v. City of Fort Lauderdale, a Municipality, Constance W. Hoffman, in Her Official Capacity as City Manager of the City of Fort Lauderdale, and Ron Cochran, in His Official Capacity as Former Police Chief of the City of Fort Lauderdale Police Department

923 F.2d 1474 · Court of Appeals for the Eleventh Circuit · Feb 19, 1991

The court dismissed the Sec. 1983 claims against both Cochran and Hoffman based on qualified immunity. … It stated merely that the defendants were entitled to immunity because Brown had failed to allege facts demonstrating that the constitutional right allegedly infringed was clearly established at the time of their conduct

Municipal Utilities Bd. of Albertville v. Alabama Power Co.

934 F.2d 1493 · Court of Appeals for the Eleventh Circuit · Jul 5, 1991

The Cities contend that the defendants’ actions do not qualify for state action immunity for two reasons. … We therefore cannot determine whether the private agreements qualify for state action immunity.

Rhonda Brent v. United States

247 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Apr 19, 2001

that right was clearly established at the time of the alleged violation.” … Are Ellis and Schor entitled to qualified immunity?

Taylor v. City of Mobile

221 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

Sikes, 169 F.3d 1353, 1361 (11th Cir. 1999), or second, on our determination whether the law the public official is alleged to have violated was “clearly established” at the time of incidents giving rise to the suit, id … Ct. at 1695 (holding defendants entitled to qualified immunity despite their unconstitutional conduct because of the lack of clearly established, preexisting law governing that conduct).

Tittle ex rel. Estate of Tittle v. Jefferson County Commission

966 F.2d 606 · Court of Appeals for the Eleventh Circuit · Jul 14, 1992

Qualified Immunity Although the defendants raised the issue of qualified immunity in their amended motion for summary judgment, the district court did not consider that ground in granting their motion. … Municipal entities are not protected from compensatory damages by the doctrine of qualified immunity. Owen v.

Robert M. Jasinski v. R.A. Adams, Joe Mongiello, and United States Border Patrol

788 F.2d 694 · Court of Appeals for the Eleventh Circuit · Apr 15, 1986

PER CURIAM: In his brief on petition for rehearing, appellant Mongiello urges this court to reverse its decision affirming the district court’s denial of summary judgment on grounds of qualified immunity. … Despite our rejection of appellant’s arguments, we wish to emphasize that our panel opinion is not intended to establish the law of the case with respect to appellant Mon-giello’s affirmative defense of qualified immunity

Vivianne Jade Washington v. Investigator Hugh Howard

25 F.4th 891 · Court of Appeals for the Eleventh Circuit · Feb 7, 2022

The district court granted summary judgment in favor of Howard based on qualified immunity. … DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged ac- tion

Veronica Baxter v. Carson Hendren

121 F.4th 873 · Court of Appeals for the Eleventh Circuit · Nov 13, 2024

Qualified Immunity Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established … When raising a qualified immunity defense, officers have “the burden to establish that they were acting within their discretionary authority.” Ingram v.

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

immunity." … II. 11 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

Key West Harbour Development Corporation v. City Of Key West

987 F.2d 723 · Court of Appeals for the Eleventh Circuit · Apr 2, 1993

Lastly, the appellees contend that the individual appellees have absolute legislative immunity because they acted in a legislative capacity; in the alternative, they have qualified immunity because in February, 1986, it was … not clearly established that the appellant had a constitutionally protected property interest; thus, no reasonable official would have known that the adoption of Resolution 86-58 would violate any constitutional right of

Straub v. Monge

815 F.2d 1467 · Court of Appeals for the Eleventh Circuit · May 5, 1987

In this court, the county officials seek reversal of the district court’s order arguing that Straub was not indigent and even if indigent, the county officials have qualified immunity foreclosing an award of damages. … Jackson, 789 F.2d at 311 . 5 We agree with the district court’s ruling regarding immunity. The right in this case is well established. Accordingly, the district court order is affirmed. AFFIRMED. .

Suzanne Sarver v. Ron Jackson

344 F. App'x 526 · Court of Appeals for the Eleventh Circuit · Sep 2, 2009

Furthermore, “[q]ualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … , must establish a constitutional violation; and (2) the constitutional right violated must be clearly 4 established.

Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial Circuit

756 F.2d 1547 · Court of Appeals for the Eleventh Circuit · Apr 8, 1985

In Stump , the Supreme Court established a two-part test for determining whether a judge enjoys absolute immunity for his conduct. … We need not determine whether Judge Peeler’s judicial immunity extended to his statement to the reporter because well established precedent bars Emory’s 42 U.S.C. § 1983 claim for money damages for such conduct.

Dang Ex Rel. Dang v. Sheriff, Seminole County Florida

856 F.3d 842 · Court of Appeals for the Eleventh Circuit · May 9, 2017

Qualified Immunity Qualified immunity protects government officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … 9  Case: 15-14842 Date Filed: 05/09/2017 Page: 10 of 18 was clearly established at the time of the alleged violation.”

Corey Airport Services, Inc. v. Clear Channel Outdoor, Inc.

682 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Jun 4, 2012

Some of Corey’s claims were dismissed at summary judgment, and we -- in an earlier appeal -- ordered that summary judgment be granted on qualified immunity grounds to individual city employees. … Defining an “identifiable group” that has been discriminated against is critical to establishing a claim under the Equal Protection Clause.

Rhonda Brent v. United States

247 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Apr 19, 2001

that right was clearly established at the time of the alleged violation." … Are Ellis and Schor entitled to qualified immunity?