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  • Eleventh Circuit Court of Appeals affirms dismissal of transgender Georgia prison inmate’s civil rights lawsuit against prison officials for failing to protect her from sexual assault and physical attacks

    On October 18, 2021, in Cox v. Nobles, et al, No. 20-11425, the Eleventh Circuit Court of Appeals affirmed a district order dismissing a transgender Georgia prison inmate’s 42 U.S.C. § 1983 civil rights case against prison wardens and other...

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  • Eleventh Circuit finds that Alabama police officers who shot car driver did not violate clearly established law and were entitled to qualified immunity in civil rights excessive force lawsuit

    On September 2, 2021, in Underwood v. City of Bessemer, et al., No. 19-13992, the Eleventh Circuit considered a Title 42, § 1983 civil rights excessive force case involving a plaintiff who was shot by two Alabama police officers while driving his...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Georgia college cheerleader’s civil rights lawsuit against county Sheriff for his alleged role in conspiracy to prevent cheerleaders from kneeling during National Anthem

    On September 2, 2021, in Dean v. Warren, No. 19-14674, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of the defendant, a Georgia county Sheriff, from a Title 42, § 1983 civil rights complaint filed by a college cheerleader...

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  • Eleventh Circuit Court of Appeals finds that federal prison officer sued by inmate in Bivens-type civil rights case alleging deliberate indifference to medical needs was entitled to qualified immunity because delay in treatment of injuries to the plaintiff did not rise to level of violation of clearly established constitutional right

    On September 17, 2021, in Wade v. Lewis, No. 29-11962, the Eleventh Circuit Court of Appeals, reversed a district court order which had dismissed on the grounds of qualified immunity a Bivens civil rights lawsuit filed by an inmate against ...

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  • Eleventh Circuit concludes that Pattern Jury Instruction 5.6 misstates Eleventh Circuit law when applied to inmate’s Eighth Amendment claim involving alleged sexual assault by prison guard

    On September 21, 2021, in DeJesus v. Lewis, et al., No. 18-11649, the Eleventh Circuit Court of Appeals considered the appeal of a 42 U.S.C. § 1983 civil rights lawsuit brought by a Florida state prison inmate who alleged he had been sexually ...

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  • Eleventh Circuit Court of Appeals reverses district court dismissal of plaintiff’s Title 42 § 1983 over-detention case, finding that plaintiff’s allegation that he was unnecessarily detained for three days bases on a case of mistaken identity were sufficient to survive dismissal.

    On September 20, 2021, in Sosa v. Martin County, Florida et al., No. 20-12781, the Eleventh Circuit Court of Appeals reversed a district court’s dismissal of the plaintiff’s 42 U.S.C. § 1983 Fourteenth Amendment over-detention claim against a county...

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  • Eleventh Circuit Court of Appeals holds that city’s refusal to permit flying of Confederate Flag at “Old Soldier’s Day Parade” did not violate participant’s free speech rights

    On September 28, 2021, in Leake, et al. v. Drinkard, No. 20-13868, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant City of Alpharetta, Georgia in a 42 U.S.C. § 1983 civil rights lawsuit...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Broward County deputy’s civil rights lawsuit, finds that deputy’s suspension with pay following his comments criticizing the Sheriff’s COVID-19 response did not constitute an “adverse action” by the Sheriff

    On August 2, 2021, in Bell v. Sheriff of Broward County, No. 20-11958, the Eleventh Circuit Court of Appeals affirmed a dismissal of a 42 U.S.C. § 1983 civil rights lawsuit. The plaintiff, a deputy with the Broward County Sherriff’s Office, alleged...

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  • Eleventh Circuit Court of Appeals rules that Duval County Jail officials’ alleged reading of inmate mail was a long-recognized constitutional violation barring dismissal of plaintiff’s 42 U.S.C. § 1983 civil rights case on grounds of qualified immunity

    On August 26, 2021, in Mitchell v. Smith, et al., No. 19-14505, the Eleventh Circuit Court of Appeals affirmed a U.S. district court decision which denied the defendant Duval County Jail officials’ motion to dismiss a prisoner’s 42 U.S.C. § 1983 civil rights ...

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  • Eleventh Circuit Court of Appeals rules that Georgia police officer who allegedly tased suspect fleeing routine traffic stop while suspect was on top of eight foot wall was not entitled to qualified immunity from civil rights lawsuit filed following suspect’s death from broken neck

    On August 26, 2021, in Bradley, et al, v. Benton, No. 20-11509, the Eleventh Circuit Court of Appeals affirmed a U.S. district court decision which denied the defendant police officer’s motion to dismiss a 42 U.S.C. § 1983 civil rights case filed by the family...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Georgia inmate’s civil rights lawsuit against prison guards, finding a failure to exhaust administrative remedies

    On August 31, 2021, in Varner v. Shepard, et al., No. 19-12048, the Eleventh Circuit Court of Appeals considered a Title 42, § 1983 civil rights lawsuit in which the plaintiff, an inmate at a Georgia state prison, suffered serious injuries from a beating...

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  • Eleventh Circuit reverses district court’s dismissal of plaintiff’s civil rights lawsuit against Miami-Dade public school police officer, finding that witness corroboration of officer’s account did not justify summary judgment

    On July 7, 2021, in Khoury v. Miami-Dade County School Board, et al, No. 18-11430, the Eleventh Circuit Court of Appeals reversed a district court’s order granting summary judgment to a Miami-Dade Public School police officer in a...

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  • Eleventh Circuit Court of Appeals affirms dismissal of civil rights case against Deputy Fire Marshal accused of violating plaintiff nightclub owner’s Fourth Amendment rights by conducting warrantless fire inspection of nightclub

    On May 6, 2021, in Fuqua v. Tuner, et al. No. 19-13877, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant law enforcement officers and deputy fire marshal in a 42 U.S.C. § 1983 civil rights case in which the plaintiff...

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  • Eleventh Circuit panel rules that it is bound by Circuit precedent to extend Eleventh Amendment immunity from civil liability to county sheriff for alleged sexual assault by deputy at county jail

    On May 7, 2021, in Andrews v. Biggers, et al. No. 20-11469, the Eleventh Circuit Court of Appeals affirmed a U.S. district court ruling that the defendant county sheriff in as 42 U.S.C. § 1983 civil rights case involving alleged sexual abuse by a deputy sheriff...

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  • Eleventh Circuit Court of Appeals abandons long standing precedent which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown

    On April 9, 2021, in Hoever v. Marks, et al., No. 17-10792, the Eleventh Circuit Court of Appeals abandoned long standing precedent within the Circuit which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown...

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  • Eleventh Circuit Court of Appeals rules in civil rights case that officer’s “arguable probable cause” to believe that he could conduct a warrantless search of the plaintiff’s home under exigent circumstances exception to warrant requirement precluded summary judgment for plaintiff

    On April 6, 2021, in Hardigree v. Lofton et al., No. 190-13352, the Eleventh Circuit Court of Appeals reversed an unlawful entry summary judgment for the plaintiff in a civil rights case involving an allegedly unconstitutional warrantless search of the plaintiff’s home...

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  • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case alleging that the officer violated the plaintiff’s constitutional rights by seizing his cell phone at accident scene

    On April 20, 2021, in Crocker v. Deputy Sheriff Steven Eric Beatty, No. 18-14682, the Eleventh Circuit Court of Appeals affirmed a U.S. district court order granting summary judgment to the defendant law enforcement officer ...

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  • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case brought by widow of slain taxicab driver

    On March 5, 2021, in Prosper v. Martin, No. 19-12857, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant police officer on qualified immunity grounds...

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  • Eleventh Circuit Court of Appeals rules that Parkland students cannot pursue class action lawsuit against Broward County based on theory that incompetent response to shooting constituted a violation of their due process rights

    On December 11, 2020, in L.S., et al, v. Peterson, et al, No. 19-14412, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a class action lawsuit...

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  • Eleventh Circuit reverses summary judgment for defendant police officers in civil right excessive force case; rules that tasing a cooperative, nonthreatening misdemeanant in the back is not is an appropriate means of effecting an arrest

    On October 20, 2020, in Stryker v. City of Homewood et al., No. 19-10495, the Eleventh Circuit Court of Appeals reversed a district court order granting...

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  • Eleventh Circuit rules that plaintiff’s excessive force civil rights case was not barred by his criminal convictions for assault on a law enforcement officer and fleeing to elude during the same encounter with law enforcement

    On October 13, 2020, in Harrigan v. Rodriguez, No. 17-11264, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s summary judgment...

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  • Eleventh Circuit finds defendant law enforcement officer’s interlocutory appeal of trial court’s denial of summary judgment motion in civil rights case on grounds of qualified immunity was premature because appeal considered only factual issue

    On September 17, 2020, in Hall v. Flournoy, No. 18-13436, the Eleventh Circuit Court of Appeals determined that an interlocutory appeal...

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  • Eleventh Circuit Court of Appeals vacates district court dismissal of Georgia inmate’s civil rights complaint for failure to exhaust administrative remedies, remands for development of fuller record regarding inmate’s claim that he was misled by prison officials

    On September 10, 2020, in Geter v. Akunwanne, et al., No. 18,14824, the Eleventh Circuit Court of Appeals vacated the judgment of the district court which...

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  • Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant police officer in excessive force case involving Alabama man killed by officer during arrest for refusal to produce driver’s license

    On September 3, 2020, in Cantu v. City of Dothan, Alabama, et al., No. 18-15071, the Eleventh Circuit Court of Appeals reversed a U.S. district court...

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  • Eleventh Circuit Court of Appeals rules that Florida inmates suffering from Hepatitis C are not constitutionally entitled to "state of the art" medical treatment

    On August 31, 2020, in Hoffer v. Secretary, Florida Department of Corrections, No. 19-11921, the Eleventh Circuit Court of Appeals vacated an injunction that had been entered ...

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  • Eleventh Circuit rules that leaving a pretrial detainee alone in an un-air-conditioned Sheriff’s van for almost an hour in 85 degree heat was unconstitutional excessive force, but affirms partial dismissal of plaintiff’s civil rights claims because right not to be subjected to such treatment wasn’t clearly established at time of incident

    On August 11, 2020, in Patel v. Lanier County Georgia, et al, No. 19-11253, the Eleventh Circuit Court of Appeals addressed two constitutional questions in a civil rights case ...

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  • Eleventh Circuit Court of Appeals rules that Georgia prison officer was entitled to summary judgment on inmate’s claim that officer violated his Eighth Amendment rights

    On July 24, 2020, in Mosley v. Zachery, No. 17-14631, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the state prison officer defendant ...

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  • Eleventh Circuit affirms district court's denial of a qualified immunity for police officers in malicious prosecution civil rights case, finds that "any crime" rule does not apply to malicious prosecution cases

    On July 13, 2020, in Williams v. Aguirre, No. 19-11941, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendants’ summary judgment motion in a malicious prosecution civil rights case ...

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  • Eleventh Circuit rules that Georgia jail employees are not civilly liable for pretrial detainee’s murder by fellow inmate

    On June 22, 2020, in Grochowski v. Clayton County, Georgia, No. 18-14567, the Eleventh Circuit Court of Appeals affirmed a district court summary judgment ...

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  • In § 1983 civil rights case involving plaintiff who was shot by third party while allegedly being forced to assist law enforcement under threat, Eleventh Circuit rules that alleged threats did not rise to the level of constitutional violations

    In King v. Pridmore, No. 18-14245, the Eleventh Circuit Court of Appeals, affirmed a summary judgment entered by the district court for the defendant law enforcement officers ...

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  • Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant Seminole County in case alleging unlawful detention

    On April 15, 2020, in Barnett v. MacArthur, et al, No. 18-12238, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for defendant ...

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  • Eleventh Circuit rules that plaintiff’s case for false imprisonment by Sheriff’s officer was not barred by fact that underlying trespassing charge was dropped at time of his guilty plea to unrelated offenses

    On December 30, 2019, in Henley v. Payne, No. 18-13101, the Eleventh Circuit Court of Appeals vacated the district court’s dismissal of a plaintiff’s false imprisonment claim filed under 42 U.S.C. § 1983 against a Bartow County Sheriff’s deputy ...

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  • Eleventh Circuit rules that deputy sheriff violated plaintiff’s Fourth Amendment rights by entering his home without a warrant to arrest him

    On October 16, 2019, in Bailey v. Swindell, No. 18-13572, the Eleventh Circuit Court of Appeals reversed a district court ruling ...

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  • Eleventh Circuit rules that probation officer was entitled to qualified immunity but not quasi-judicial immunity as defendant in 42 U.S.C. § 1983 lawsuit

    On September 25, 2019, in Washington v. Rivera, No. 17-13811, the Eleventh Circuit Court of Appeals ruled that a state probation officer was entitled to qualified immunity in a 42 U.S.C. § 1983 lawsuit filed by a plaintiff who claimed that the probation officer falsely arrested him for a violation of probation ...

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  • Eleventh Circuit affirms summary judgment for defendants in case brought by Alabama prison inmate against prison employees, rules that inmate’s “generalized risk” of attack in cell block did not constitute substantial risk of serious harm to which the defendants were deliberately indifferent

    On August 29, 2019, in Marbury v, Warden, et al, No. 17-12589, the Eleventh Circuit Court of Appeals affirmed an Alabama U.S. district court’s summary judgment in favor of the defendants in a case under 42 U.S.C. § 1983 ...

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  • Eleventh Circuit finds police officers were entitled to qualified immunity in lawsuit brought by plaintiff claiming excessive force was used in his arrest for murder

    On June 14, 2019, in Hinson v. Bias , et al. No. 16-14112, the Eleventh Circuit Court of Appeals vacated a district court’s order denying the defendant police officers’ motion for summary judgment on ...

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  • Eleventh Circuit Court of Appeals affirms denial of defendant correctional officer’s motion to dismiss on grounds of qualified immunity in excessive force lawsuit

    On May 9, 2019, in Piazza v. Hunter, et al ., No. 18-10487, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendant correctional officer’s motion to dismiss on ...

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  • Florida Fourth DCA rules that trial court erred in dismissing complaint of plaintiff who claimed he was falsely arrested on voided arrest warrant

    On April 24, 2019, in Florez v. Broward Sherriff’s Office , No. 4D18-1189, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s lawsuit in which the plaintiff ...

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  • Eleventh Circuit Court of Appeals reverses summary judgment for defendant correctional officers in excessive force lawsuit filed by Florida inmate

    On April 24, 2019, in Sears v. Roberts, et al. , No. 15-15080, the Eleventh Circuit of Appeals reversed a district court’s summary judgment in favor of the defendant state correctional officers in a ...

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  • Eleventh Circuit Court of Appeals reverses district court’s dismissal of wrongful death lawsuit on grounds of qualified immunity, finds that whether prison guards were deliberately indifferent to inmate’s medical emergency must be determined b

    On Aril 3, 2019, in Taylor v. Hughes et al , No. 17-14772, the Eleventh Circuit Court of Appeals reversed a Middle District of Alabama district court decision which had dismissed a 28 U.S.C. Section ...

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