Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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In analyzing a defense of qualified immunity, we first consider whether “the defendant government official [has proved] *1295that he was acting within the scope of his discretionary authority when the alleged wrongful act occurred.” Evans v. Hightower, 117 F.3d 1318, 1320 (11th Cir.1997). If the defendant has met this burden, “the plaintiff must then demonstrate that the defendant violated clearly established law based upon objective standards.” Id. Because it is undisputed that Moran was acting within the scope of her discretionary authority when she fired Gonzalez, we consider only the second part of the qualified immunity analysis in our resolution of Gonzalez’s claims under 42 U.S.C. §§ 1983 and 3617.

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