DANIEL WEBSTER AND PEGGY WEBSTER, ET AL., PLAINTIFFS-CROSS-APPELLANTS, WEBSTER GREEN THUMB COMPANY, AND OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLEES, CROSS-APPELLANTS,
v.
FULTON COUNTY, GEORGIA, DEFENDANT-APPELLANT, CROSS-APPELLEE, MIKE KENN; MICHAEL HIGHTOWER, ET AL., DEFENDANTS-CROSS-APPELLEES
DANIEL WEBSTER AND PEGGY WEBSTER, ET AL., PLAINTIFFS-CROSS-APPELLANTS, WEBSTER GREEN THUMB COMPANY, AND OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLEES, CROSS-APPELLANTS,
FULTON COUNTY, GEORGIA, DEFENDANT-APPELLANT, CROSS-APPELLEE, MIKE KENN; MICHAEL HIGHTOWER, ET AL., DEFENDANTS-CROSS-APPELLEES
218 F.3d 1267
Court of Appeals for the Eleventh Circuit (2000)
Negative Treatment
Cited by 37 cases
Opinion of the Court
PER CURIAM: The judgment of the district court is affirmed on the basis of the opinion of the district court published at 51 F. Supp. 2d 1354 (N.D.Ga.1999). AFFIRMED. . We decline to address appellants’ challenge to the scope of the injunction. The argument was not presented to the district court; rather, it was raised for the first time on appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Marsh v. Butler Cnty., 268 F.3d 1014 (11th Cir. 2001)…ely lost if a case is erroneously permitted to go to trial”). We have applied the qualified immunity defense at the 12(b)(6) stage before. See, e.g., Chesser v. Sparks, 248 F. 3d 1117, 1121 (11th Cir.2001); Denno v. School Board of Volusia County, 218 F. 3d 1267, 1275 (11th Cir.2000); Kyle v. Chapman, 208 F. 3d 940, 943 (11th Cir.2000); Maggio v. Sipple, 211 F. 3d 1346, 1355 (11th Cir.2000) (reversing district court’s failure to grant 12(b)(6) motion to dismiss because defendants entitled to qualified immun…
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Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004)…n their discretionary authority, they are ineligible for the benefit of qualified immunity.”); see also Lee v. Ferraro, 284 F. 3d 1188, 1194 (11th Cir.2002). While a number of our cases omit this step of the analysis, see, e.g., Denno v. Sch. Bd., 218 F. 3d 1267 (11th Cir.2000); Hall v. Talladega City Bd. of Educ., 115 F. 3d 821 (11th Cir.1997), binding Supreme Court and Eleventh Circuit precedents require us to consider expressly this critical threshold matter. We explain this “discretionary function” test…1 / 2
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United States v. Ignasio Maldenaldo Sanchez, 269 F.3d 1250 (11th Cir. 2001)…dicta, creates a potential for mischief. “For the layperson, as well as for judges, confusion about the state of the law most often comes about by confusing the holding of a case with the dicta in the opinion.” Denno v. School Bd. of Volusia County, 218 F. 3d 1267, 1280 (11th Cir.2000) (Forrester, J., concurring in part, dissenting in part) (emphasis in original). Faced with the majority’s opinion here and the earlier decisions it seeks to disavow, a trial judge or practitioner sits in an unenviable positio…
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