U.S. Eleventh Circuit

U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

Execution in Alabama After 11th Cir. Denies Death Row Inmate's Stay

Yesterday, January 21, 2016, death row inmate Christopher Eugene brooks died by lethal injection for the rape and killing of a Homewood, Alabama woman in 1992. The Eleventh Circuit denied his denied his request for a stay of his execution, and the clock is running.

Since SCOTUS didn't step in to hear his case, his death marks the first lethal injection death in Alabama ever since the state changed the composition of its lethal injection cocktail. The recipe of that fatal brew is itself a matter of much contention.

Target Can Use Rosa Parks' Name and Image for Sales, 11th Cir. Rules

The name Rosa Parks evokes powerful imagery of the fight for Civil Rights in this country. Now, when people think of Rosa Parks, they will also be reminded of this appropriation lawsuits in the Eleventh Circuit.

The circuit court ruled in favor of Target, who sought to sell civil rights themed merchandise in its stores featuring Parks' likeness, much to the chagrin of the institute founded by Parks (The Rosa and Raymond Parks Institute for Self Development aka "RRPI) that sought to enjoin such sales.

11th Circuit Revives Age Discrimination Suit Against MetLife

The Court of Appeals for the Eleventh Circuit reversed a lower district court's grant of summary judgment on age discrimination issues, finding that the trial court failed to apply relevant law and came to its conclusions erroneously.

It's a small victory for the plaintiff, who was subjected to the ridiculous drama of employee jealousy and company re-organization.

'Docs vs. Glocks' Upheld in 11th Circuit

The Court of Appeals for the Eleventh Circuit has yet again deflected another free speech argument from a coalition of doctors who have opposed Florida's notorious 'Docs vs. Glocks' rule and upheld that state's law on grounds that it failed to satisfy strict scrutiny review.

The Firearms Owners Privacy Act, originally intended (we think) by the Florida legislature to get doctors to mind their own business has resulted in this bizarre tug-of-war between the First and Second Amendments. The legal issues themselves are enough to warrant cert. by the Supreme Court.

Prison Legal News, a monthly publication by the Human Rights Defense Center, isn't allowed in Florida state prisons. No, it's not the magazine's investigations into prison vendor misconduct or its reporting on inmate rights. According to the Florida Department of Corrections, it's the magazine's objectionable advertisements. Those ads? They're for things like stamps, three-way calling services, and pen pals.

Prison Legal News sued over the ban, which was largely upheld in October. Now, they've turned to the Eleventh Circuit, arguing that the prisons' ban infringes on the magazine's First Amendment rights. And they've got some ammunition in their corner. The suit is being lead by Former U.S. Solicitor General and regular Supreme Court litigator, Paul D. Clement.

11th Cir. Dismisses Challenge to Water Pollution Oversight

The Eleventh Circuit recently dismissed a petition for appeal by a small group of environmental groups seeking to remove Alabama's authority to run the local arm of the National Pollutant Discharge Elimination System (NPDES).

This is not the final say on whether or not the case will move forward, since the circuit dismissed the case essentially for lack of ripeness.

11th Cir. Rules on Digital Searches in Child Pornography Case

When you look at a still-shot of a video, does that mean you've "seen" the whole video?

This seemingly silly question sits at the core of a legal issue that has only further divided the federal circuit courts, probing deep questions about the scope of Fourth Amendment Searches and digital privacy. Perhaps the more probing legal question should be this: Does seeing the screenshot give law enforcement the authority to search the entire device on which a particularly potentially criminal video was found?

Surcharge for Swiping Credit Cards Violates Free Speech, 11th Rules

It's only been little more than a month since the Second Circuit decided the New York case of Expression Hair Design v. Schneiderman, ruling that the state's no-surcharge law is lawful. Serendipitously, the Eleventh Circuit ruled this week that no-surcharge laws violate the First Amendment's guarantee of free speech.

The Eleventh Circuit ruled that the state's applicable statute, which bans retailers from charging a surcharge to customers who elect to use their credit cards is nonsense when taken in conjunction with the state's express allowance of offering a discount for cash.The court said it may have the look of regulating conduct, but in reality, it regulates speech.

Refusal to Quash Subpoenas Ruled 'Abuse of Discretion' by 11th Circ.

In a case that is somewhat reminiscent of Citizens United, which revolves around the amorphous notion what constitutes valid speech, the 11th Circuit just ruled that a lower court abused its discretion when it did not quash subpoena's against state officials and granted them the benefit of doubt of privilege.

The subpoenas were directed at lawmakers; they alleged that the Act violated the First Amendment rights of the Alabama Education Association (AEA) because of alleged bad faith.

A lifetime ban on Internet and pornography is not unreasonable punishment for a man caught sharing child pornography, the Eleventh Circuit ruled on Wednesday. In 2013, Glen Sterling Carpenter was caught downloading and possessing child pornography. He was sentenced to eight years in prison and a lifetime of supervised release.

That release included two special conditions: Carpenter may never again possess a device capable of connecting to the Internet and he many never posses any sexually explicit material whatsoever. On appeal, the Eleventh Circuit upheld his punishment, finding nothing unreasonable about it.