11th Circuit Slip Opinions

General Information

The United States 11th Circuit Court of Appeals generally releases opinions on Fridays. This page contains links to the full text of each opinion released this month, plus a list of all the cases decided each week, whether or not an opinion was released. If the case summary interests you, click on the name of the case and you should see the full text of the opinion, which you can save to your computer.

Elsewhere, we have included opinions and summaries of cases from the Alabama Court of Civil Appeals, the Alabama Court of Criminal Appeals, and the United States Supreme Court of Alabama.

Slip Opinions

March 1

Stevens v. Premiere Cruises, Inc., No. 98-5913
Summary: Denying motions for rehearing, the Court clarified footnote 8 in its original opinion concerning the conflict between Title III of the ADA and the obligations of the United States under certain treaties and conventions.

March 4

Wood v. Kesler
Summary: (Hull, J.) Reversing the denial of qualified immunity in this Section 1983 wrongful arrest case, the Court held (1) the defendant had actual probably cause to issue the reckless driving citation and to arrest the plaintiff, (2) the presence of probable cause barred the plaintiff's Section 1983 malicious prosecutiion and retaliatory prosecution claims, (3) the officer was entitled to qualified immunity on all the federal claims, and (4) the defendant was entitled to discretionay-function immunity from the plaintiff's state law claims.

United States v. Fuentes-Rivera
Summary: (per curiam) Affirming the defendant's sentence for illegal reentry into the United States, the Court held the district court did not clearly err in enhancing his sentence under U.S.S.G. Section 2L1.1(b)(1)(A)(ii) based on a finding that his prior conviction for a burglary qualified was a "crime of violence." The Court rejected the defendant's argument that an offense must include a physical-force element to qualify as a "crime of violence" under the guideline, joining the Eighth and Fifth Circuits on the issue.

March 5

Lee v. Ferraro, No. 00-16054
Summary: (Marcus, J.) Reviewing denial of qualified immunity in this ' 1983 case, the Court held (1) the Defendant is entitled to qualified immunity on the Plaintiff’s wrongful arrest claim arising from her improperly honking her car horn during rush hour, but (2) the Defendant is not entitled to qualified immunity on the claim for excessive force arising from her subsequent arrest.

Hart v. Attorney General for the State of Florida
Summary: (Tjoflat, J.) Reversing the denial of a Section 2254 habeas petition, the Court held the state court violated clearly established federal law, as determined by the Supreme Court, by introducing the petitioner's statement to the police without showing that he made a voluntary, knowing, and intelligent waiver of his Miranda rights. The Court concluded based upon the totality of the circumstances, that the petitioner's statement was the product of deception. District Judge Vinson, sitting by designation, dissented.

Nyaga v. Ashcroft
Summary: (per curiam) Vacating a writ of mandamus directing the INS to adjudicate a visa adjustment application, the Court held the case was moot because the petitioner was no longer eligible to receive a diversity immigrant visa. Judge Barkett dissented.

Morrison v. Amway Corporation
Summary: Reversing dismissal of this case under the Family Medical Leave Act for lack of subject matter jurisdiction, the Court held the district court should have determined whether the plaintiff was an "eligible employee" under the Act using the standards under Rule 56 instead of Rule 12(b)(1) because the defendant's jurisdictional challenge implicated the merits of the underlying claim.

March 6

Borgner v. Brooks, No. 01-12098
Summary: (Wilson, J.) Reversing summary judgment in this constitutional challenge to advertising restrictions, the Court rejected this commercial speech, First Amendment challenge to Florida Statutes ' 466.0282, which requires Florida-licensed dentists to include disclaimers in their advertisements.

Bridges v. Johnson, No. 01-12138
Summary: (Marcus, J.) Affirming dismissal of a ' 2254 habeas petition, the Court held the Petitioner’s application for sentence review under Georgia Code ' 17-10-6 did not toll the one-year statute of limitations under the AEDPA.

Wilson v. Barnhart, No. 01-14542
Summary: (per curiam) Reversing the District Court’s decision in this Social Security appeal, the Court found the ALJ’s decision was supported by substantial evidence that the District Court erred by reversing the ALJ’s disability determination.

March 7

Dupree v. Palmer, No. 01-14726
Summary: (per curiam) Affirming dismissal of a pro se ' 1983 complaint, the court held the District Court properly dismissed the Plaintiff’s complaint without prejudice under the three strikes provision of 28 U.S.C. ' 1915(g) without allowing him an opportunity to pay the filing fee.

Swire Pacific Holdings, Inc. v. Zurich Insurance Company, No. 01-12597
Summary: (Carnes, J.) Reviewing summary judgment for the insurer in this coverage dispute concerning a builder’s risk policy, the Court certified the following questions to the Florida Supreme Court: (1) whether the policy’s design defect exclusion clause bars coverage for the cost of repairing structural deficiencies in a condominium building, (2) whether the policy’s sue and labor clause applies only in the case of an actual, coverage loss, (3) whether the policy’s sue and labor clause covers the cost of repairing structural deficiencies in the condominium building.

United States Securities and Exchange Commission v. Vittor
Summary: (Dubina, J.) Affirming the district court's order directing the defendant to comply with an NASD sanction decision, the Court held (1) the SEC can apply to a federal district court for enforcement of an SEC order affirming NASD sanctions, following the Fifth Circuit on the issue, and (2) under these circumstances, the SEC need not satisfy any of the exceptions set forth in 15 U.S.C. Section 78u(f). Judge Black concurred with the majority's holding on the first point but dissented from the second point.

Women's Emergency Network v. Bush
Summary: (Black, J.) Affirming dismissal of this First Amendment challenge to Florida's "Choose Life" license plates, the Court held the plaintiffs lacked standing to challenge the constitutionality of the Forida statute under the doctrines of taxpayer standing, individual standing, and organizational standing. As a result, the Court concluded that the plaintiffs' claims against Governor Bush were moot and that he was not a proper party because he is not the head of the Florida Department of Highway Safety and Motor Vehicles.

March 8

Dominguez v. United States Attorney General, No. 01-14658
Summary: (per curiam) Affirming dismissal of an immigration appeal, the Court held the INS provided the petitioner with sufficient notice of her removal proceedings by sending such notice to her last known address.

Bailey v. Allgas, Inc., No. 01-10559
Summary: (Black, J.) Affirming summary judgment for the Defendant in this antitrust case under the Robinson-Patman Act, the Court held the Plaintiff’s expert failed to prove the Defendant possessed sufficient market power to set supracompetitive prices and that the Defendant could sustain such prices long enough to recoup its losses. This opinion contains an extensive discussion of the proof necessary to sustain a claim under the Robinson-Patman Act.

March 11

Whitaker v. American Airlines, Inc., No. 01-12109
Summary: (Kravitch, J.) Reviewing dismissal of a claim under the Railway Labor Act, the Court held compelling arbitration before a Board of Adjustment was not necessary because the Plaintiffs failed to point to any provision of the agreement that the Defendant allegedly violated in discharging a probationary employee.

March 13

Arawak Aviation, Inc. v. Indemnity Insurance Company, No. 00-14209
Summary: (Tjoflat, J.) Affirming summary judgment for the insurance company in this coverage dispute under an indemnity policy governed by Florida law, the Court held damage to an aircraft caused by the negligence of a pilot during a pre-flight inspection was excluded from coverage by policy language concerning wear and tear to the aircraft and specifically its engines.

OSI, Inc. v. United States, No. 01-13032
Summary: (Anderson, C. J.) Reviewing dismissal of a Federal Tort Claims Act case against the United States based on contaminated property adjacent to Maxwell Air Force Base, the Court held the District Court properly dismissed the FTCA claims for lack of jurisdiction under the discretionary function exception but reversed summary judgment for the Government on environmental claims under RCRA and CERCLA, finding the record and the District Court’s analysis insufficient for appellate review.

United States v. Brown, No. 01-13476
Summary: (per curiam) Reversing denial of a motion to dismiss an indictment under the Speedy Trial Act, the Court held the time permitted to begin trial under 18 U.S.C. ' 3161(h)(1)(F) was not extended by the Government’s document reporting on time and requesting a trial date.

March 14

Cuesta v. School Board of Miami, Dade County, No. 00-16086
Summary: (Kravitch, J.) Affirming summary judgment for the Defendants in this ' 1983 arising from a “zero tolerance” policy towards school-related violent crime, the Court held (1) a school board cannot be held liable for allegedly unlawful arrests that result from a policy that merely calls on school officials to report criminal behavior and (2) the Defendants’ had reasonable suspicion to strip search the Plaintiff and therefore the search was constitutional.

In re Humana, Inc. Managed Care Litigation, Case No. 01-10247
Summary: (Barkett, J.) Reviewing the District Court’s order partially granting and partially denying the Defendants’ motion to compel arbitration in this complex suit by doctors against several HMOs under RICO, ERISA, and various other state and federal statutes, the Court adopted the District Court’s order in its entirety: 132 F. Supp. 2d 989 (S.D. Fla. 2000).

Manders v. Lee, No. 01-13606
Summary: (Hull, J.) Affirming the denial of qualified immunity for a sheriff in this ' 1983 case the Court (1) found prior precedent compelled it to find that a sheriff under Georgia law is a policymaker for the county, not the state, but (2) questioned the correctness of the Court’s prior decision and suggested that a sheriff acting in his official capacity is actually an agent for the state, not the county, and thus is protected by Eleventh Amendment immunity.

School Board of Collier County v. K.C., No. 00-16642
Summary: (Lay, J., by designation) Affirming the District Court’s decision in favor of the School Board in this case under the Individuals With Disabilities Education Act, the Court held (1) the District Court did not commit reversible error by allowing the Board to supplement the record with additional expert testimony, (2) the District Court properly denied the Student’s untimely motion to supplement the record, and (3) the District Court properly concluded that the individual education plan formulated for the Student provided her a free appropriate public education.

March 15

United States v. Acevedo, No. 00-12175
Summary: (per curiam) Affirming the Defendants’ sentences on cocaine-related offenses, the Court held the District Court did not commit plain error under Apprendi because the Defendants’ sentences imposed after the District Court made findings concerning drug quantity did not exceed the statutory maximums.

March 18

Corey D. v. Burk County School District, No. 01-10192
Summary: (Black, J.) Affirming summary judgment for the Defendant because the Plaintiff’s claim under the Individuals With Disabilities Education Act was untimely, the Court held (1) the 30-day limitation period set by the Georgia Administrative Procedures Act is the state statute most analogous to the IDEA and (2) a relatively short limitation period best serves the policies underlying the IDEA, joining the First, Second, Fourth, Seventh, and Ninth Circuits on the issue and splitting from the Third, Fifth, Sixth, and Eighth Circuits.

Moon v. Head, No. 99-14546
Summary: (Tjoflat, J.) Affirming the denial of ' 2254 habeas petition by a death row prisoner, the Court held (1) the District Court properly concluded that none of the Petitioner’s rights were violated when he was prevented from presenting new evidence concerning the police investigation, (2) the trial court’s use of subsequently vacated convictions at the Petitioner’s sentencing was harmless error given the overwhelming aggravating circumstances in the case, and (3) no prejudice flowed from shackling the Petitioner during the sentencing phase because the jury couldn’t see the shackling. Judges Carnes and Hull concurred in all but one portion of footnote 17 and expressed their opinion that a State loses the right to assert a procedural default defense in habeas if the State fails to assert the procedural bar in a timely fashion.

This and That and the Other Gift and Tobacco, Inc. v. Cobb County, No. 01-13482
Summary: (Cox, J.) Vacating the District Court’s denial of preliminary injunctive relief in this commercial speech challenge to Georgia’s limits on the advertising and distribution of sexual devices, the Court held the Plaintiffs had sufficiently demonstrated a substantial likelihood of success on their claim that the advertising ban violates the First Amendment, necessitating further proceedings on whether injunctive relief should issue.

March 19

Lewis v. Barnhart, No. 01-10851
Summary: (per curiam) Affirming the denial of widow’s benefits under the Social Security Act, the Court held, as a question of first impression, an applicant for widow’s insurance benefits under the Social Security Act may not count the day of the decedent’s death to meet the 9-month marriage duration set forth in 42 U.S.C. ' 416(c)(5).

Brown v. Head, No. 00-15886
Summary: The Court extended its discussion of this habeas case to explain why the Petitioner’s conduct in attempting to avoid detection by changing the tires on his automobile is relevant and probative evidence concerning his mental condition. Judge Barkett concurred.

March 21

St. George v. Pinellas County, No. 01-12159
Summary: (Hill, J.) Reversing dismissal of ' 1983 excessive force claims against a deputy sheriff under principles of qualified immunity, the Court held the Plaintiffs met their initial burden of persuasion in presenting sufficient facts that the deputy sheriff’s use of deadly force under the circumstances was unjustified.

March 22

Rojas v. Florida, No. 01-11070
Summary: (per curiam) Affirming summary judgment for the Defendant in this Title VII sex-discrimination case, the Court held (1) the Plaintiff’s evidence of pretext was insufficient to allow her to present her case to a jury and (2) the Plaintiff’s evidence that she was “treated cooly and made to feel unwelcome” was insufficient to substantiate her claims of hostile work environment.

United States v. Whiteside, Nos. 99-15197 & 00-12759
Summary: (Dubina, J.) Reviewing the Defendant’s convictions and sentences for making false statements in Medicare/Medicaid and CHAMPUS reimbursement reports, the Court held (1) the Government failed to prove that the alleged statements of the Defendants were knowingly and willfully false, (2) the Defendants’ convictions and sentences were vacated since the Government failed to prove the actus reus of the charge offenses, and (3) the District Court did not err in denying the Defendants’ motion to unseal FBI reports of interviews of the key Government witness in their prosecution.

Perez v. Globe Airport Security Service, Inc., No. 00-13489
Summary: The Court vacated its prior opinion in this case following a joint stipulation of dismissal by the parties.

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