Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

Petitioner filed a civil rights complaint and emergency motion for stay of execution, claiming that excluding his Imam from the execution chamber at the time of his execution in favor of a Christian chaplain violated his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA); requiring the presence of a Christian chaplain in the execution chamber at the time of his execution also violated his rights under RLUIPA; Alabama's practice of requiring a Christian chaplain in the execution chamber, while forbidding clerics of other faiths, violated the Establishment Clause of the First Amendment; and refusing to honor his late election for nitrogen hypoxia as the method of his execution, where his lateness resulted from his religious beliefs, also violated RLUIPA.The Eleventh Circuit held that Alabama's prison officials favored one religious denomination to the detriment of all others; they have made only general claims about their compelling interest; and they have offered nothing remotely establishing that their policy was narrowly tailored to further that interest. The court held that petitioner was substantially likely to succeed on the merits of his Establishment Clause claim given the little evidence in the record to support the government's interest and the fit between those interests and the state's policy. In this case, given the paucity of evidence, the court concluded that it was not altogether surprising that the state has not clearly argued that petitioner knew or should have known sooner that his religious beliefs would not be accommodated. Accordingly, the court granted the petition for an emergency stay of execution. View "Ray v. Commissioner" on Justia Law

Plaintiff filed suit against a district attorney for violating his rights under the First and Fourteenth Amendments, 42 U.S.C 1983, when the attorney committed libel per se by defaming plaintiff in retaliation for seeking legislative compensation for his wrongful convictions. The Eleventh Circuit affirmed the district court's dismissal of the complaint based on qualified immunity holding that, although plaintiff's complaint stated a valid claim of retaliation under the First Amendment, the attorney enjoyed qualified immunity because plaintiff's right was not clearly established when the attorney violated it. View "Echols v. Lawton" on Justia Law

The Eleventh Circuit reversed the district court's denial of a 28 U.S.C. 2254 petition for a writ of habeas corpus based on trial counsel's ineffective assistance by failing to object, or move for a mistrial, at any point during the deadlocked jury deliberations. Petitioner claimed that the total force and effect of the two trial judges instructing the jury over and over again that it must keep deliberating after the jury declared over and over again that it was unable to reach a verdict, was coercive.Because the claim was not adjudicated on the merits in the state court proceedings, the court need not defer to the decisions of the state courts here. The court held that the failure of petitioner's counsel to object and to move for a mistrial, as the coercive circumstances piled up, was prejudicial. Furthermore, trial counsel's failure to object and move for a mistrial was deficient performance for Strickland purposes. View "Brewster v. Hetzel" on Justia Law

A limited liability company that made preliminary plans to operate a methadone clinic filed suit against Georgia officials after two Georgia laws temporarily suspended the issuance of new licenses for narcotic-treatment facilities and imposed additional licensing requirements for future facilities.The Eleventh Circuit held that the company's request for declaratory and injunctive relief regarding the temporary moratorium was moot. The court also held that the company failed to establish direct standing and third-party standing to assert the injuries of its prospective clients. Accordingly, the court affirmed the dismissal of the complaint for lack of jurisdiction. View "Aaron Private Clinic Management LLC v. Berry" on Justia Law

The Eleventh Circuit granted a petition requesting panel rehearing, vacated its earlier opinion, and issued this opinion in its place.The court affirmed the district court's denial of a petition for habeas relief under 28 U.S.C. 2254. The court affirmed and held that petitioner failed to show that had his trial counsel used all of the impeachment material during the guilt phase of his trial, every fairminded jurist would conclude that there was a "substantial, not just conceivable," likelihood that the result of his trial would have been different. Therefore, the state trial court's prejudice determination was not unreasonable. The court also held that, even considering any purported cumulative effect from the admission of the food stamps and cocaine citation and trial counsel's failure to present the impeachment evidence, a fairminded jurist could still conclude that it was insufficient to undermine his confidence in petitioner's trial. View "Meders v. Warden, Georgia Diagnostic Prison" on Justia Law

Plaintiff, on behalf of himself and seven others, filed suit alleging that a Walker County Sheriff's deputy arrested them without a warrant for undisclosed crimes, that they were detained in the county jail, and that they were denied a judicial determination on whether probable cause supported their arrests in violation of the Fourth Amendment. The Fourth Circuit vacated the district court's judgment, holding that it could not identify from the allegations of the complaint, answer, or motion to dismiss, which of the magistrates purportedly denied plaintiffs' Fourth Amendment rights. Therefore, the court remanded for further proceedings. View "Colburn v. Odom" on Justia Law

A county school board may require all applicants for substitute teacher positions to submit to and pass a drug test as a condition of employment. The Eleventh Circuit held that the school board may, without any suspicion of wrongdoing, collect and search -- by testing -- the urine of all prospective substitute teachers. Because the school board has a sufficiently compelling interest in screening its prospective teachers to justify this invasion of the privacy rights of job applicants, the court held that the school board did not violate the constitutional mandate barring unreasonable searches and seizures. The court recognized that ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state, and ensuring and impressing a drug-free environment in our classrooms, were compelling concerns. Therefore, the court affirmed the district court's denial of a preliminary injunction because plaintiff failed to establish a likelihood of success on the merits. View "Friedenberg v. School Board of Palm Beach County" on Justia Law

The Hillsborough County Sheriff's Office, in conducting child-protective investigations under a grant agreement with the Florida Department of Children and Families, does not act as an arm of the state entitled to Eleventh Amendment immunity. Plaintiff filed suit against the Sheriff's Office and others, alleging claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and 42 U.S.C. 1983 for infringement of her rights under the Fourteenth Amendment after her disabled child was taken from her custody based on claims of neglect.The Eleventh Circuit held that the district court correctly denied the Sheriff's Office summary judgment on its sovereign immunity defense. Although it unquestionably had jurisdiction under the collateral order doctrine to review the question of Eleventh Amendment immunity, the court declined to exercise pendent appellate jurisdiction over the parties' remaining issues. View "Freyre v. Chronister" on Justia Law

Plaintiff filed suit against CNN for publishing a series of allegedly defamatory news reports about him and the medical center he administered. The district court denied CNN's motion to strike the complaint under the Georgia anti-SLAPP (Strategic Lawsuits Against Public Participation) statute.The Eleventh Circuit affirmed in part, holding that the motion-to-strike procedure of the Georgia anti-SLAPP statute, O.C.G.A. 9-11-11.1, does not apply in federal court. The court dismissed in part, holding that it lacked pendent appellate jurisdiction to review the denial of the motion to dismiss for failure to state a claim. View "Carbone v. Cable News Network, Inc." on Justia Law

The Eleventh Circuit dismissed in part and denied in part petitioner's thirteenth application for leave to file a second or successive motion to vacate, set aside, or correct his federal sentence. The court held that 18 U.S.C. 924(c)(3)(B) is not unconstitutionally vague because it requires a conduct-based approach instead of a categorical approach. The court noted that it has specifically explained, and at length, that this feature of section 924(c)(3)(B) allows it to withstand the reasoning that led the Supreme Court to hold in Johnson v. United States, 135 S. Ct. 2551 (2015), and Sessions v. Dimaya, 138 S. Ct. 1204 (2018), that similarly worded residual clauses in other federal statutes are unconstitutionally vague. View "In re: Tracy Garrett" on Justia Law