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

February 2017 Archives

An en banc Eleventh Circuit yesterday struck down a Florida law that prevented doctors generally from asking their patients about gun ownership. The law was an unconstitutional restriction on the doctors' free speech, the court ruled.

The legal battle over that law, Florida's Firearms Owners' Privacy Act, earned the moniker Docs v. Glocks, after doctors complained that the law prevented them from properly screening patients and discussing possible health risks.

No Police Liability for Flashbang Grenade Injuries, 11th Cr. Rules

A SWAT team gathered before dawn to plot their attack on a suspected drug dealer in Clayton County, Georgia.

Police knew Jason Ward had a nine-millimeter handgun, so the officers had obtained a "no-knock" warrant that allowed them to break into Ward's apartment without notice. They would use flashbang grenades to disorient him and break through a glass window as a distraction.

Ward and his girlfriend, Treneshia Dukes, were asleep in the bedroom when Ward was awakened by a "boom" and then heard his "window break and shattering," a court record said. "Next, he remembered 'Treneshia screaming,' telling 'her to get down,' then grabbing the 'pistol up under my head -- up under my pillow,' and 'kicking it into the hallway.'

Dukes heard a "boom, and then the window like rattling and shattering ..., and like as I'm waking up I just seen an object coming towards me."

Lesson From Employee Hacking Case: Don't Use 'Password' for a Password

In the fast-paced computer world, people occasionally use "password" as a default password on their accounts. Bad idea.

It was an expensive lesson learned for furniture company Brown Jordan and one of its top executives. Christopher Carmicle used the password to access email of other employees, including superiors, leading to costly litigation and termination.

According to the U.S. Eleventh Circuit Court of Appeals, Brown Jordan rightfully terminated Carmicle for hacking into the email. The judges probably would have affirmed the judgment against him for other reasons, too, if the company had acted sooner.