11th Cir. COA
@11thCirCOA
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Unofficial 11th Cir. News, curated by the lawyers at Williams, Morris & Waymire.
Buford, GA
Joined June 2016
11thCOA-->"Courage in the line of duty should be commended, not condemned. It certainly should not subject an officer to liability for damages."
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11thCOA—>Offcrs had PC to arrest landlrd for thft by tking aftr she moved tenant’s proprty to storage w/o consent. Also, b/c arrest initiated as landlrd stood in doorway w/arm outside, no 4thAmd violatn even though arrest cmpltd in foyer. #appellatetwitter
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11thCOA—> Grant of SumJdgmnt to Defs on Pltff’s 1st Amnd Retal claim AFF’D b/c fmr City Atty did not speak as a private citizen on a matter of public concern when she complained that her Spvsr kept a gun in his desk, thereby violating city workplace rules.
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11thCOA->In respnding to 10yo’s false 911 call claiming his father was killing his mother, Ofcs faced exigent circmstnces justifying a warrantless entry into the home AND when unsuspecting father objected, Ofcs had probable cause to arrest for obstruction.
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11thCOA—>Rev’g US MagJudge that didn’t sua sponte apply Twombly/Iqbal to inmates’ claim they didn’t receive PC dtrmntn aftr warrantless arrest, 11thCOA remands & gives Parties, Attys & Ct below a map of min. pleadng reqmnts to survive Twom/Iq deficiencies.
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11thCOA—>School Board’s drug screening prerequisite to be a substitute teacher was NOT an unreasonable, suspicionless search in viol. of the 4th Amend. because the Board’s interest and obligation in keeping students safe was sufficiently compelling.
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11thCOA—>Plaintiff’s conviction for battery on jail ofc. did NOT bar his §1983 excessive force claim related to responding offcrs’ use of force subduing him. Ct reasoned that initial battery wasn’t probative of whether rspnding offcrs’ force was reasonable. https://t.co/DuG1TCJhXv
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11thCirCOA—>Ofc who repeatedly tasered subject suffering w/diabetic episode denied qualified immunity. Initial use may've been justified, but w/o further resistance, the unconstitutionality of cont'd deployments was obviously clear to all rsnable LEOs.
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11thCirCOA—>”Looking the facts in the face,” Court affirms Dist. Ct.’s finding that Ala’s Unborn Child Protection from Dismemberment Abortion Act places undue burden on Ala women and thus is unconstitutional. https://t.co/9cSlvI0oXu
#AppellateTwitter
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11thCirCOA—>Suicidal inmate, who was in 9x15 Bubble for 69 days & allgd he was 1) exposd to othr inmtes’ urine splatters/ejaculate, 2) denied toilet paper for 45 mins & 3) never given clean blankets, did NOT suffer 8th Amd. violation. Denial of QI REVS’D.
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11thCirCOA—>Ofc.’s use of deadly force on armed erratic man, who had shot at neighbor’s home and threatened to kill the neighbors, did not violate the 4th Amend. even though Ofc. did not announce himself before shooting and may have startled the suspect.
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11thCirCOA—>Dist.Ct.’s denial of qual.imm. in deadly force case AFF’D. Even though officer was only witness to shooting, interpretations of evidence by Pltff’s expert witnesses gave rise to fact issues.
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11thCir—>Dist.Ct.’s dismissal of pro se employee’s Title VII discrim. claim REV’D b/c Dist.Ct. never afforded Pltff w/ chance 1) to correct naming error of Def. OR 2) to recast facts more carefully, thereby possibly rehabilitating 12(b)(6) deficiency.
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11thCOA—>Qualified Immunity for deputy REV’D on false arrest claims because deputy failed to interview witnesses or review video evidence that contradicted “victim’s” account. Official Immunity AFF’D b/c same failures not tantamount to actual malice.
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11thCir.—>”V for Vendetta” mask worn during protest reasonably construed as intending to intimidate in violation of GA’s mask statute, giving officers actual probable cause to arrest, irrespective of Pltff’s claim he never heard officers order its removal.
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11thCOA—>Objtvly rsnble basis existed for officer to believe that 74 y.o. mentally ill man, who was armed w/ a hatchet & 5 ft away from officer, posed an immediate threat to officer, justifying deadly force, even if the man never raised the hatchet.
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11thCOA—>Leaving undisturbed Dist.Ct. ruling that when a Ct. Order sets a deadline that ends on a legal holiday, the FedRCivP’s customary “next day” rule does NOT apply. Remand for further findings consistnt w/ principles of Qual. Imm. https://t.co/0xuC95dXeO
#appellatetwitter
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11thCirCOA—>Officers did not violate clearly established law when they continued to apply force to decedent who demonstrated “superhuman strength” and continued to struggle and kick even after being handcuffed/hogtied.
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11thCOA—>Sidewalks along public streets in the heart of Univ. of Alabama’s campus were “limited public forums,” and thus, UA’s restrictive speech policy that prevented preacher from preaching there, didn’t violate his 1st Amend. rights. Dist. Ct. affrm’d.
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11thCOA—> Woman, who had struggled w/ 1st officer & remained “extremely upset,” “agitated” & refused to drop her phone, did not pose an immediate threat to officers, so as to justify being tasered by 2nd officer. Denial of qualified immunity affm’d.
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