Wilson v. Strong, 156 F.3d 1131 (11th Cir. 1998). · Go Syfert
Wilson v. Strong, 156 F.3d 1131 (11th Cir. 1998). Cases Citing This Book View Copy Cite
61 citation events (54 in the last 25 years) across 11 distinct courts.
Strongest positive: Michael Colon v. Deputy Perdomo, Corporal Latiff, Deputy R. Fredrickson, and Deputy Hilldgers (flmd, 2025-11-14)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Michael Colon v. Deputy Perdomo, Corporal Latiff, Deputy R. Fredrickson, and Deputy Hilldgers
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the contours of an asserted constitutional right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
discussed Cited as authority (verbatim quote) Bey v. Reina
S.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he contours of an asserted constitutional right 'must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
examined Cited as authority (verbatim quote) McCarley v. Dunn (3×) also: Cited "see"
N.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
in reviewing a motion to dismiss based on qualified immunity, the district court is required to accept the factual allegations in the plaintiff's complaint as true and draw all reasonable inferences in favor of the plaintiff.
discussed Cited as authority (verbatim quote) Baptiste v. Bourland
S.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he contours of an asserted constitutional right 'must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
discussed Cited as authority (verbatim quote) Huggup v. Monroe County Detention Center
S.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he contours of an asserted constitutional right 'must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
discussed Cited as authority (rule) Gaston v. Lake County (2×) also: Cited "see"
M.D. Fla. · 2024 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir. 1998).
examined Cited as authority (rule) Hammond v. Long (3×) also: Cited "see, e.g."
D. Conn. · 2024 · confidence medium
Wilson, 156 F.3d at 1135.
cited Cited as authority (rule) Gaston v. Lake County
M.D. Fla. · 2024 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir. 1998).
cited Cited as authority (rule) Mills v. Reed
M.D. Fla. · 2022 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir. 1998).
discussed Cited as authority (rule) C H v. ASHLEY
N.D. Fla. · 2019 · confidence medium
“In reviewing a motion to dismiss based on qualified immunity, [a] district court is required to accept the factual allegations in the plaintiff’s complaint as true and draw all reasonable inferences in favor of the plaintiff.” Epps v. Watson, 492 F.3d 1240 , 1242 n.1 (11th Cir. 2007) (quoting Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir 1998)).
discussed Cited as authority (rule) NP A MINOR BY EP HIS NATURAL GUARDIAN v. THE SCHOOL BOARD OF OKALOOSA COUNTY FLORIDA
N.D. Fla. · 2019 · confidence medium
“In reviewing a motion to dismiss based on qualified immunity, [a] district court is required to accept the factual allegations in the plaintiff’s complaint as true and draw all reasonable inferences in favor of the plaintiff.” Epps v. Watson, 492 F.3d 1240 , 1242 n.1 (11th Cir. 2007) (quoting Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir 1998)).
discussed Cited as authority (rule) N R v. SCHOOL BOARD OF OKALOOSA COUNTY
N.D. Fla. · 2019 · confidence medium
“In reviewing a motion to dismiss based on qualified immunity, [a] district court is required to accept the factual allegations in the plaintiff’s complaint as true and draw all reasonable inferences in favor of the plaintiff.” Epps v. Watson, 492 F.3d 1240 , 1242 n.1 (11th Cir. 2007) (quoting Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir 1998)).
cited Cited as authority (rule) Jones v. Rodgers
M.D. Fla. · 2019 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir. 1998).
discussed Cited as authority (rule) Corbett v. Transportation Security Administration
S.D. Fla. · 2012 · confidence medium
In the Eleventh Circuit, “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose.” Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998) (quoting Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 , 826 n. 4 (11th Cir.1997)).
cited Cited as authority (rule) Raoul Lynch v. Sheriff Theodore Jackson
11th Cir. · 2012 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir.1998).
cited Cited as authority (rule) J. D. Nettles, Jr. v. City of Leesburg
11th Cir. · 2010 · confidence medium
“We therefore accept as true the facts as set forth in the complaint and draw all reasonable inferences in the plaintiffs favor.” Id. (citing Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir.1998)).
cited Cited as authority (rule) In Re Fontainebleau Las Vegas Contract Litigation
S.D. Fla. · 2010 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir.1998).
discussed Cited as authority (rule) Jeffrey L. Poulakis v. Michael Rogers (2×)
11th Cir. · 2009 · confidence medium
Thomas v. Roberts, 323 F.3d 950, 953 (11th Cir. 2003) (same); Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998) (same); D'Aguanno v. Gallagher, 50 F.3d 877 , 881 n. 6 (11th Cir.1995) (same); Courson v. McMillian, 939 F.2d 1479 , 1497-98 & n. 32 (11th Cir.1991) (same).
discussed Cited as authority (rule) Robert Trammell v. David Thompson
11th Cir. · 2009 · confidence medium
An official is entitled to official immunity “unless their ‘supposedly wrongful act was already established to such a high degree that every objectively reasonable official standing in the defendant’s place would be on notice that what the defendant official was doing would be clearly unlawful given the circumstances.’ ” Id. (quoting Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir.2002)). “[I]n this Circuit, the law can be ‘clearly established’ for [official] immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court…
discussed Cited as authority (rule) Trammell v. Thomason
M.D. Fla. · 2008 · confidence medium
“In this Circuit, the law can be “clearly established” for qualified immunity purposes only by decisions from the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose.” Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998) (quoting Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 826, n. 4 (11th Cir.1997)).
discussed Cited as authority (rule) H.Y. Ex Rel. K.Y. v. Russell County Board of Education
M.D. Ala. · 2007 · confidence medium
The “salient question” is whether the state of the law at the time of the incident gave the defendants “fair warning that their alleged [actions were] unconstitutional.” Id. “[T]he law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose.” Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998) (quoting Jenkins, 115 F.3d at 826 n. 4).
cited Cited as authority (rule) Eddie LaReece Pittman v. Ofc. Tucker
11th Cir. · 2007 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998).
cited Cited as authority (rule) Urbanique Production v. City of Montgomery
M.D. Ala. · 2006 · confidence medium
Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998).
discussed Cited as authority (rule) Rudolph Ex Rel. Williams v. Lowndes County Board of Education
M.D. Ala. · 2003 · signal: cf. · confidence medium
Cf. Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998)(qualified immunity where there was no relevant law holding that a private party’s failure to intervene in an illegal arrest violated the constitution).
discussed Cited as authority (rule) United States v. Jerry Pollard (98-5908) and Eddie Rodriguez (98-6118) (2×)
6th Cir. · 2000 · confidence medium
See Pray v. City of Sandusky, 49 F.3d 1154, 1158 (6th Cir.1995); Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998); see also Welsh v. Wisconsin, 466 U.S. 740, 750 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 (1984) (“Before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries.”).
discussed Cited "see" Marcus Johnson v. Palm Beach County Sheriff’s Office, et al.
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
discussed Cited "see" Buggs, Williams v. Miami-Dade Department of Corrections and Rehabilitation
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
discussed Cited "see" Jackson, Tre v. Chacon
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
discussed Cited "see" Rose v. Harris
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131 , 1134 (11th Cir. 1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’” (citation omitted)).
discussed Cited "see" Taylor, Alan v. Dade Correctional Institution
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
cited Cited "see" Gencoglanoglu v. Badolati
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998).
discussed Cited "see" Bounce v. City of Miami Beach
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
discussed Cited "see" Riess, Gary v. Palm Beach Sheriff's Office
S.D. Fla. · 2025 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998) (“[T]he contours of an asserted constitutional right ‘must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”).
cited Cited "see" Oj Commerce, LLC v. Ashley Furniture Indus., Inc.
S.D. Fla. · 2018 · signal: see · confidence high
See Wilson v. Strong , 156 F.3d 1131 , 1133 (11th Cir.1998).
cited Cited "see" Randall v. Scott
11th Cir. · 2010 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir. 1998).
cited Cited "see" Marshall v. West
M.D. Ala. · 2008 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill v. Dekalb Regional Youth Detention Ctr., 40 F.3d 1176 , 1184 n. 16 (11th Cir.1994).
discussed Cited "see" Epps v. Watson
11th Cir. · 2007 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir.1998) ("In reviewing a motion to dismiss based on qualified immunity, the district court is required to accept the factual allegations in the plaintiff's complaint as true and draw all reasonable inferences in favor of the plaintiff.” (citation omitted)). 2 .
cited Cited "see" Hayden v. Alabama Dep't of Public Safety
M.D. Ala. · 2007 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill v. Dekalb Regional Youth Detention Ctr., 40 F.3d 1176 , 1184 n. 16 (11th Cir.1994).
cited Cited "see" Marshall v. West
M.D. Ala. · 2007 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill v. Dekalb Regional Youth Detention Ctr., 40 F.3d 1176 , 1184 n. 16 (11th Cir.1994).
discussed Cited "see" Jerome Calvert v. Clerk of Superior Court
11th Cir. · 2005 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1133 (11th Cir.1998)("In reviewing a motion to dismiss based on qualified immunity, the district court is required to accept the factual allegations in the plaintiff’s complaint as true and draw all reasonable inferences in favor of the plaintiff.”). 3 .
cited Cited "see" Fleming v. Dowdell
M.D. Ala. · 2005 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill v. Dekalb Regional Youth Detention Ctr., 40 F.3d 1176 , 1184 n. 16 (11th Cir.1994).
discussed Cited "see" Graves v. City of Coeur D'Alene
9th Cir. · 2003 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir.1998); Johnson v. Barker, 799 F.2d 1396, 1399 (9th Cir.1986) (holding that issuance of a citation did not “approach” an arrest for purposes of a false arrest claim).
discussed Cited "see" Graves v. City Of Coeur D'alene
9th Cir. · 2003 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1134 (11th Cir. 1998); Johnson v. Barker, 799 F.2d 1396, 1399 (9th Cir.1986) (holding that issuance of a citation did not "approach" an arrest for purposes of a false arrest claim). 35 Possibly on the evidence presented a jury could have ruled either way in deciding if Turner made the arrest of Bizek.
cited Cited "see" Theresa St. George v. Pinellas County
11th Cir. · 2002 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1132 (11th Cir.1998).
cited Cited "see" Sims Ex Rel. Sims v. Forehand
M.D. Ala. · 2000 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill v. Dekalb Regional Youth Detention Center, 40 F.3d 1176 , 1184 n. 16 (11th Cir.1994).
cited Cited "see" Adams v. Franklin
M.D. Ala. · 2000 · signal: see · confidence high
See Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Hill, 40 F.3d at 1184 n. 16.
cited Cited "see" Sawyer v. Coleman
Ga. Ct. App. · 2000 · signal: see · confidence high
See Wilson v. Strong, 156 F3d 1131 (11th Cir. 1998).
discussed Cited "see" Tapley v. Collins
S.D. Ga. · 1999 · signal: accord · confidence high
“In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions [at the time of the challenged conduct] by the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest state court of the state where the case arose.” Jenkins By Hall v. Talladega City Bd. Of Educ., 115 F.3d 821 , 826 n. 4 (11th Cir.1997) (en banc); accord Wilson v. Strong, 156 F.3d 1131, 1135 (11th Cir.1998); see also Rowe v. Schreiber, 139 F.3d 1381, 1384 (11th Cir.1998) (“If case law, in factual terms, has not staked out a bright line, qualified immunity almost al…
Retrieving the full opinion text from the archive…
Linda Ligertwood WILSON, Plaintiff-Counter-Defendant-Appellee,
v.
Richard A. STRONG, Defendant-Counter-Claimant, Loretta Magee, Defendant-Appellant, Hillsborough County; Department of Animal Services; And Cal Henderson, Hillsborough County Sheriff, Defendants
97-3563.
Court of Appeals for the Eleventh Circuit.
Sep 28, 1998.
156 F.3d 1131
Christine M. Beck, Senior Asst. County Atty., Tampa, FL, for Defendant-Appellant., Ellen Leonard, Michael A. Linsky, Tampa, FL, for Wilson.
Tjoflat, Cox, Hull.
Cited by 48 opinions  |  Published
HULL, Circuit Judge:

Appellee Linda Ligertwood Wilson brought this action alleging, inter alia, that Appellant Loretta Magee, an animal control officer in Hillsborough County, Florida, and Hillsborough County Sheriffs Deputy Richard A. Strong (“Deputy Strong”) violated her rights under the Fourth and Fourteenth Amendments to the United States Constitution. [1] Magee and Deputy Strong moved to dismiss Wilson’s claims based on qualified immunity, and the district court denied their motions. Magee appeals the district court’s ruling that she was not entitled to qualified immunity. After review, we reverse.

I. FACTS

Magee and Deputy Strong dispute Wilson’s version of the facts. However, in reviewing the denial of a motion to dismiss, we are required to accept the following factual allegations in Wilson’s complaint as true.

On the evening of July 12, 1993, Magee and Deputy Strong arrived at Wilson’s home to investigate a complaint regarding unleashed dogs running loose in the neighborhood. A complainant had informed authorities that dogs fitting the description of the[*1133] unleashed dogs resided at Wilson’s home. Upon arriving at Wilson’s home, Magee and Deputy Strong informed Wilson and Emma Ligertwood, another occupant of the home, that they were there to investigate a complaint. However, Magee and Deputy Strong did not identify the nature of the complaint. Instead, Magee and Deputy Strong began asking questions about dogs and asked whether they could observe any dogs living in or around the house.

Wilson and Ligertwood related to Magee and Deputy Strong that they were uneom-fprtable answering questions to officers who refused to identify the nature of the complaint they were investigating, but the questioning persisted. Wilson and Ligertwood ultimately felt pressured to allow Magee and Deputy Strong to inspect the dogs in the house. Wilson informed Magee and Deputy Strong that the dogs belonged to a third person who was not present, that the dogs always were kept in the house or fenced in on the property, and that they never roamed freely in the neighborhood.

After observing the dogs, Deputy Strong demanded identification from Wilson and Li-gertwood and threatened to arrest them if they did not comply and accept citations on unleashed-dog charges. At this point, Wilson withdrew into her home and called the Hillsborough County Sheriff’s Office to request assistance. A Sheriffs Office representative informed her that a supervisor would be notified and dispatched to the premises.

Wilson returned to the front door and informed Ligertwood, Magee, and Deputy Strong what she was told over the telephone. According to Wilson’s allegations, Deputy Strong, without warning, entered the house through the front door, grabbed Wilson, forced her to leave her home, handcuffed her, and arrested her. Deputy Strong put Wilson in the back of his patrol car. Wilson’s complaint alleges that Magee then wrote citations, but the complaint does not allege what offenses were charged in the citations. Wilson’s complaint does allege that Wilson subsequently was taken to the Hillsborough County Jail and that at the jail Wilson was charged with interfering with an animal control officer, resisting arrest without violence, and battery on a law enforcement officer. At this juncture, the record does not reveal the disposition of these charges. [2]

Wilson subsequently filed suit alleging that Magee and Deputy Strong’s actions violated her rights under the Fourth and Fourteenth Amendments. Magee and Deputy Strong each filed a motion to dismiss Wilson’s claims against them in their individual capacities based on qualified immunity. The district court denied the motions, finding Magee and Deputy Strong’s arresting Wilson violated her clearly established constitutional rights. Magee appeals that ruling.

II. DISCUSSION [3]

A. This Court Has Jurisdiction To Review The District Court’s Denial Of Magee’s Qualified Immunity Defense

In reviewing a motion to dismiss based on qualified immunity, the district court is required to accept the factual allegations in the plaintiffs complaint as true and draw all reasonable inferences in favor of the plaintiff. Nolen v. Jackson, 102 F.3d 1187, 1190 (11th Cir.1997). Thus, the only issue before the district court here was whether the plaintiffs allegations set forth a violation of a clearly established constitutional right. It is well settled that this is an issue of law. See Behrens v. Pelletier, 516 U.S. 299, 313, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996); Siegert v. Gilley, 500 U.S. 226, 232, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991); Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985); Cottrell v. Caldwell, 85 F.3d 1480, 1484 (11th Cir.1996). Conse[*1134] quently, the district court’s order in this case is an appealable final order.

B‘. General Qualified Immunity Principles

Qualified immunity shields a § 1983 defendant from liability for harms arising from her discretionary acts, so long as her acts do not violate any clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); Jenkins by Hall v. Talladega City Bd. of Educ., 115 F.3d 821, 823 (11th Cir.) (en banc), cert. denied, — U.S. -, 118 S.Ct. 412, 139 L.Ed.2d 315 (1997); Lassiter v. Alabama A & M Univ., 28 F.3d 1146, 1149 (11th Cir.1994) (en banc). To be clearly established, the contours of an asserted constitutional right “must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Williams v. Alabama State Univ., 102 F.3d 1179, 1182 (11th Cir.1997). “[I]n the light of pre-existing law, the unlawfulness must be apparent.” Anderson, 483 U.S. at 640, 107 S.Ct. 3034; Madiwale v. Savaiko, 117 F.3d 1321, 1324 (11th Cir.1997).

The Supreme Court and this court have stated that a plaintiff cannot strip a § 1983 defendant of her qualified immunity by citing to general rules or abstract rights. See Anderson, 483 U.S. at 639, 107 S.Ct. 3034; Walker v. Schwalbe, 112 F.3d 1127, 1132 (11th Cir.1997) (“Plaintiffs may not discharge their burden [of showing that a right is clearly established] by referring to general rules and abstract rights.”), cert. denied, — U.S. -, 118 S.Ct. 1794, 140 L.Ed.2d 935 (1998). “Qualified immunity focuses on the actual, specific details of concrete cases.” Id. (citing Lassiter, 28 F.3d at 1149-50).

C. Magee’s Acts Did Not Violate Wilson’s Clearly Established Rights [4]

Wilson’s complaint alleges that Ma-gee and Deputy Strong violated her rights under the Fourth Amendment. Although Wilson failed to articulate which of her Fourth Amendment rights were violated, the district court concluded that Wilson’s complaint — specifically, the allegations that Deputy Strong entered her home, grabbed her, forced her to leave her home, handcuffed her, and arrested her — were sufficient to state violations of Wilson’s right to be free from arrest without probable cause and her right not to be arrested in her home without an arrest warrant (absent sufficient exigent circumstances). See Welsh v. Wisconsin, 466 U.S. 740, 750, 104 S.Ct. 2091, 80 L.Ed.2d 732 (1984); Payton v. New York, 445 U.S. 573, 576, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); Shadwick v. City of Tampa, 407 U.S. 345, 350, 92 S.Ct. 2119, 32 L.Ed.2d 783 (1972). The district court further concluded that these rights were clearly established so that Magee and Deputy Strong should have been aware that their actions violated Wilson’s constitutional rights under the circumstances. With respect to Magee, we disagree.

In concluding that Magee was not entitled to qualified immunity, the district court relied solely on Deputy Strong’s conduct. However, it is axiomatic that a § 1983 defendant cannot be stripped of qualified immunity unless “ivhat [s]he is doing violates [a clearly established] right.” Anderson, 483 U.S. at 640, 107 S.Ct. 3034 (emphasis supplied). Wilson’s complaint contains no allegation that Magee entered her home, or that Magee made any physical contact with her, or that Magee handcuffed her or placed her in Deputy Strong’s patrol car, or that Magee told Deputy Strong to do any of the foregoing. In short, Deputy Strong, and not Ma-gee, effectuated Wilson’s allegedly unlawful arrest. Magee only witnessed the arrest. Indeed, as an animal control officer, Magee has no authority to arrest. [5] Also, Magee’s ministerial actions of writing the citations after Wilson was placed in Deputy Strong’s patrol car did not make Magee a co-arresting officer in this particular arrest.

[*1135] Wilson attempts to avoid the crucial fact that Magee did not arrest her by alleging that Magee had a clearly established constitutional duty to intervene to halt Deputy Strong’s actions. For this proposition, Wilson relies almost exclusively on the Sixth Circuit’s decision in Durham v. Nu’Man, 97 F.3d 862 (6th Cir.1996), cert. denied sub nom. Glover v. Durham, — U.S.-, 117 S.Ct. 1337, 137 L.Ed.2d 496 (1997). There, the Sixth Circuit held that a hospital nurse — whose complaints about a patient ultimately led to the patient’s being beaten by hospital security guards — had a clearly established constitutional duty to intervene to halt the beating. Id. at 868. Wilson argues that similar to the nurse in Durham, Magee should be held liable for Deputy Strong’s conduct because Magee initiated the investigation which ultimately led to Deputy Strong’s actions and Magee failed to intervene to stop Deputy Strong’s allegedly unconstitutional conduct.

Wilson’s reliance on Durham is misplaced. First, Wilson’s complaint does not allege that Magee failed to intervene to halt Deputy Strong’s actions or that Magee violated any of Wilson’s constitutional rights by failing to intervene. See GJR Investments, Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998) (“[T]his circuit, along with others, has tightened the application of Rule 8 [of the Federal Rules of Civil Procedure] with respect to § 1983 eases in an effort to weed out nonmeritorious claims, requiring that a § 1983 plaintiff allege with some specificity the facts which make out its claim.”). Thus, Wilson’s complaint did not allege with sufficient particularity a violation of the right she now claims was clearly established on the day of her arrest.

Second, “[i]n this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose.” Jenkins, 115 F.3d at 826 n. 4. In other words, Wilson cannot rely upon the Sixth Circuit’s decision in Durham to show that Magee violated a clearly established legal duty. Wilson fails to cite, and we have not uncovered, any decision of the United States Supreme Court, the Eleventh Circuit, or the Florida Supreme Court which holds that a non-law-enforcement officer, in circumstances materially similar to those here, has a duty to intervene to halt an unlawful arrest by a law enforcement officer.

Finally, the facts of Durham — hospital security guards beating a defenseless patient— are totally different from the facts of the instant case. See Lassiter, 28 F.3d at 1150 (stating that in determining whether a prior case creates a clearly established right, “[t]he facts [of the prior case] need not be the same as the facts of the immediate case. But they do need to be materially similar.”). Thus, the Sixth Circuit’s recognizing a duty to intervene on the facts in Durham in no way suggests that Magee should have known that her failing to intervene here was unlawful under the circumstances.

III. CONCLUSION

For the reasons stated above, we conclude that Magee is entitled to qualified immunity on Wilson’s Fourth and Fourteenth Amendment claims. Accordingly, we REVERSE the district court’s denial of Magee’s motion to dismiss those claims and REMAND to the district court for further proceedings.

REVERSED and REMANDED.

1

. Wilson also brought other claims against these and other defendants, but these other claims are not relevant to this appeal.

2

. Wilson’s original complaint alleges that all the charges against her were dismissed. However, Wilson’s second amended complaint, at issue here, does not allege that the charges were dismissed. Wilson's second amended complaint also does not allege that Wilson was cited for any unleashed-dog violations.

3

. This court reviews a district court’s denial of a motion to dismiss a complaint on the basis of qualified immunity de novo. Flores v. Satz, 137 F.3d 1275, 1277 (11th Cir.1998).

4

. The parties do not dispute that Magee and Deputy Strong were acting within their discretionary authority at all relevant times.

5

. By statute, an animal control officer in Florida "is not authorized to bear arms or make arrests. ...” Fla. Slat. ch. 828.27(l)(b).