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


VSU Administrator Violated Expelled Student's Due Process Rights

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Ronald Zaccari, the former President of Valdosta State University (VSU), expelled Thomas Hayden Barnes, a student, from the University in 2007 on the ground that Barnes presented a "clear and present danger" to the campus.

Granted, it was in the wake of the Virginia Tech massacre, and college administrators were a little jumpy, but Barnes did not receive a notice or a hearing before his expulsion. This week, the Eleventh Circuit Court of Appeals unanimously ruled that Zaccari could be held personally liable for violating Barnes' due process rights, reports The Huffington Post.

First, let's back up to discuss the wrongdoing that prompted the expulsion: Barnes was expelled for protesting a planned parking deck on the VSU campus.

This week, a defendant prevailed in his appeal to dismiss an indictment charging him with one count of illegal reentry by an alien.

The Eleventh Circuit Court of Appeals agreed with Emiliano Valdiviez-Garza that the indictment must be dismissed based on collateral estoppel, and reversed and remanded the case with instructions to dismiss the indictment.

HIV-Positive Cop Applicant's Discrimination Claim Reinstated

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The Eleventh Circuit Court of Appeals has one of the fastest hearing-to-decision turnaround times in the country. When this appellate court decides that an injustice has occurred, it moves quickly.

Last week, the Atlanta-based court heard arguments in an HIV-positive cop applicant's discrimination claim. Wednesday, the court ruled for the appellant, finding that he could pursue his discrimination claim against the Atlanta Police Department for denying his application based on his HIV status, reports the Associated Press.

Eleventh Circuit Upholds Florida's Anti-Gerrymandering Law

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Every ten years, states draw new election districts after the census. In most states, the legislature executes this task, which means that the controlling party creates a redistricting map that looks more like a Picasso than a rational division of the state's voting populace.

Florida voters decided to kick cubist gerrymandering out of the state in 2010 with Amendment Six, a compact district amendment proposed by FairDistrictsFlorida.org. This week, the Eleventh Circuit Court of Appeals ruled in favor of the voters, rejecting a challenge from politicians who wanted to stick with the golden days of incumbent-favoring redistricting maps, reports the Associated Press.

HIV-Positive Cop Applicant Appeals Discrimination Claim Dismissal

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Last week, an HIV-positive Georgia man argued to the Eleventh Circuit Court of Appeals that he should be allowed to proceed with his discrimination claim against the Atlanta Police Department in a federal district court.

The man, using the name "Richard Roe" claims that a doctor who conducted his pre-employment medical exam as part of his application said that he "could not be employed in a position in which he had any contact with the public" because he was HIV-positive, and that he had "failed" his medical exam, reports The Atlanta Journal-Constitution. When Roe wasn't offered the job, he sued.

Will Skin Mag Hustle 11th Circuit in Right of Publicity Claim?

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Do Hustler's First Amendment rights protect the magazine's decision to print 20-year-old nude photos of slain former-wrestler Nancy Benoit months after her husband, Chris Benoit, killed her?

Hustler claims that the First Amendment insulates the publication from right of publicity liability because the murder made Nancy a newsworthy figure. The Eleventh Circuit Court of Appeals ruled against Hustler in 2009, noting, "The Georgia courts have never held, nor do we believe that they would hold, that if one is the victim of an infamous murder, one's entire life is rendered the legitimate subject of public scrutiny."

New ProView Brings Lawyers and iPads Together

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If you've been looking for an excuse to purchase an iPad, Thomson Reuters has your solution.

It's an app called Thomson Reuters ProView, and it allows you to access handy legal tools, like codes and court rules, from your iPad. It's the type of product that -- in our lawyering days -- would have only existed in a parallel science-fiction universe.

So why is ProView better than accessing the same information on your laptop, or using a book?

Union Organization Assistance Can Be a 'Thing of Value'

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The value of a good or a service is a relative measure. That’s why “one man’s trash is another man’s treasure.” It’s why people troll eBay and Craigslist for used goods. It’s why the IRS reviews the declared value of in-kind donations.

So who - other than the IRS - decides whether a thing has value?

This week, the answer is the Eleventh Circuit Court of Appeals, which ruled on Wednesday that organizing assistance can be a thing of value under the Labor Management Relations Act (LMRA).

SCOTUS: Attorney Abandonment is Good Procedural Default Excuse

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The Supreme Court reversed the Eleventh Circuit Court of Appeals’ Maple v. Thomas decision this week in a 7-2 vote.

The Nine, in an opinion written by Justice Ruth Bader Ginsburg, decided that defendant-appellant Cory Maples had demonstrated the requisite cause to overcome procedural default, and was entitled to further review of his ineffective counsel appeal.

Release the Hound: No Qualified Immunity for Canine Attack Cops

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As much as we love bestowing FindLaw Top Dog honors on deserving jurisprudential pups, we're not going to award Rosco, the canine subject of today's Eleventh Circuit Court of Appeals decision, with our coveted designation. That's because we don't want to reward Rosco's Orlando police handlers for using excessive force.

(Rosco, this hurts us more than it hurts you. Really.)

This week, the Eleventh Circuit ruled that Officers Bryan Shanley and Justin Levitt were not entitled to qualified immunity after they permitted Rosco to attack a suspect, who was not resisting arrest, for five to seven minutes.