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

March 2015 Archives

Class Action Suit Filed Against Ga. Private Probation Company

Given the success that John Oliver's HBO show "Last Week Tonight" had influencing the net neutrality conversation, maybe the private probation system will have some luck, too.

Thanks in part to Oliver, and to the Department of Justice report on Ferguson, Missouri, the nation knows that local police departments often charge defendants fines and fees well in excess of the original fines. These fees often include making a defendant pay for his own probation, and the proceeds usually go straight to the private probation company.

A federal class action complaint in Georgia, filed last week, wants to challenge that arrangement.

Fla. Sup. Ct. Sets Boundaries for Juvenile LWOP Sentences

In Graham v. Florida, the U.S. Supreme Court said that the Eighth Amendment didn't allow for sentencing juvenile offenders to sentences of life without parole (LWOP) for non-homicide offenses. That's all well and good, but what about "de facto LWOP" sentences of 90 years, which would, in the case of one 17-year-old offender, get him out of prison at the ripe old age of 107?

Last week, the Florida Supreme Court issued opinions in four such juvenile life sentence cases, concluding that courts can't sentence juveniles to very long prison terms for non-homicide offenses.

No Qualified Immunity for Fla. Officer Who Shot Suspect in Groin

A routine vehicle stop in Miami became anything but routine after a police officer shot a suspect in the groin -- for no apparent reason. Det. Carl Rousseau pulled over a car and reportedly saw the passenger, Robert Valderrama, throw something out the car window that turned out to be a crack pipe.

Even though Valderrama appeared to be compliant during the stop, Rousseau shot him in the groin (refer to the Eleventh Circuit opinion for more of the grisly details). Rousseau talked about the incident for three minutes with his partner, Sgt. Yasima Smith, before Smith called an ambulance, but she said only that there was "a laceration."

Ala. Supreme Court Orders Halt to Same-Sex Marriages

Just when you thought it was safe to get a same-sex marriage in Alabama, the Alabama Supreme Court -- and not just Chief Justice Roy Moore -- issued a 148-page opinion yesterday ordering some of the state's probate judges not to issue marriage licenses to same-sex couples.

The petition for a writ of mandamus was brought by the State of Alabama, along with another probate court judge, and asked for "a clear judicial pronouncement that Alabama law prohibits the issuance of marriage licenses to same-sex couples."