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

The Eleventh Circuit certified the following question to the Supreme Court of Georgia: 1) Whether Georgia's apportionment statute, O.C.G.A. 51-12-33, applies to tort claims for purely pecuniary losses against bank directors and officers; 2) whether section 51-12-33 abrogated Georgia's common-law rule imposing joint and several liability on tortfeasors who act in concert; and 3) whether, in a negligence action premised upon the negligence of individual board members in their decisionmaking processes, a decision of a bank's board of directors is a "concerted action" such that the board members should be held jointly and severally liable for negligence. View "Federal Deposit Insurance Corporation v. Loudermilk" on Justia Law

The Eleventh Circuit affirmed Defendant Whitman's conviction and Defendant McCarty's sentence for convictions of bribery, wire fraud, theft, and obstruction involving government contracts. The court held that the district court did not abuse its discretion when it refused to give a lesser-included-offense instruction on giving illegal gratuities. The court also held that the district court did not clearly err when it calculated McCarty's sentencing guidelines range using the loss amount caused by all participants in the jointly undertaken criminal scheme. View "United States v. Whitman" on Justia Law

Plaintiff, a Florida prisoner proceeding pro se, appealed the district court's grant of a motion to dismiss his civil rights complaint for lack of subject matter jurisdiction under Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364 (1994). The Eleventh Circuit vacated the judgment, holding that the action was not barred by Heck. In this case, plaintiff was punished and lost gain time, but his 42 U.S.C. 1983 suit, if successful, would not necessarily imply that his punishment was invalid. The court explained that, because success in this section 1983 suit would not necessarily be "logically contradictory" with the underlying punishment, the suit was not barred by Heck. Therefore, the district court erred in concluding otherwise. View "Dixon v. Pollock" on Justia Law

The Eleventh Circuit held that substantial evidence supported the BIA's decision that petitioner had not suffered past persecution by the Cameroonian police and that he lacked a well-founded fear of future persecution. The court held that the BIA was entitled to find that any mistreatment petitioner suffered did not rise to the level of persecution, to find that the police investigated his mistreatment, and to rely on country reports published by the State Department stating that conditions in Cameroon were improving for gay individuals. Finally, petitioner was not denied due process. Accordingly, the court denied his petition for review. View "Sama v. U.S. Attorney General" on Justia Law

The Eleventh Circuit held that substantial evidence supported the BIA's decision that petitioner had not suffered past persecution by the Cameroonian police and that he lacked a well-founded fear of future persecution. The court held that the BIA was entitled to find that any mistreatment petitioner suffered did not rise to the level of persecution, to find that the police investigated his mistreatment, and to rely on country reports published by the State Department stating that conditions in Cameroon were improving for gay individuals. Finally, petitioner was not denied due process. Accordingly, the court denied his petition for review. View "Sama v. U.S. Attorney General" on Justia Law

The Eleventh Circuit affirmed defendant's convictions and sentence for crimes related to a multi-state tax fraud scheme using Indigent Inmate, a prisoner "charity" defendant founded and financed. The court held that the district court did not err when it admitted evidence seized from defendant's clothing as well as his post-arrest statements; the district court did not abuse its discretion when it admitted evidence of uncharged conduct and photographs of defendant and another individual with large sums of money; the district court did not violate defendant's right not to wear jail clothes; the district court did not err when it gave the jury a Pinkerton jury instruction; sufficient evidence supported defendant's convictions; and the district court did not err when it calculated defendant's sentencing guidelines range, nor did it impose a substantively unreasonable sentence. View "United States v. Shabazz" on Justia Law

The Eleventh Circuit denied a petition for review of the Commission's decision to revoke petitioner's license to generate hydroelectricity at the Juliette Dam. The court held that the Commission was authorized to revoke petitioner's license under section 823b of the Federal Power Act, 16 U.S.C. 823b, because petitioner violated a compliance order by never submitting effectiveness protocols or documentation of its consultation with the Resource Agencies and substantial evidence supported the Commission's conclusion that the violation was done knowingly. Furthermore, the record showed that petitioner was given adequate notice and opportunity to be heard and that the Commission took into consideration the nature and seriousness of petitioner's violation and its compliance efforts. The court rejected petitioner's remaining arguments. View "Eastern Hydroelectric Corp. v. Federal Energy Regulatory Commission" on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of a 28 U.S.C. 2241 petition, but on different grounds. Petitioner was convicted of murdering Eleventh Circuit Judge Robert Vance and sentenced to death. The court held that petitioner had Article III standing to challenge Alabama's exercise of custody given his previously-imposed federal sentences, and that his second claim did not constitute an unauthorized second or successive section 2254 petition. The court held, however, that petitioner's claims failed on the merits. The court's own precedent foreclosed petitioner's substantive assertion that the Alabama execution could not be carried out until the federal sentences of life imprisonment were complete. View "Moody v. Warden Holman CF" on Justia Law

As a matter of first impression, the Eleventh Circuit held that it was sufficient for an opt-in plaintiff to file a written consent pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b), to confer party-plaintiff status. In this case, appellants were parties to the litigation upon filing consents and, absent a dismissal from the case, remained parties in the litigation. The court affirmed the district court's denial of conditional certification and vacated the district court's clarification order, remanding with instructions for the district court to either dismiss appellants from the case without prejudice to refile, or to go forward with appellants' individual cases since discovery has been completed. The court also held that appellants were entitled to statutory tolling of their claims beginning on the dates they filed their written consents. View "Houston v. Country Club, Inc." on Justia Law

Despite his Attention Deficit Hyperactivity Disorder (ADHD) diagnosis and difficulties with organization, Connor excelled in academic programs and on standardized tests. He was admitted into a selective Magnet Program. Beginning in freshman year, the School District accommodated Connor’s ADHD with extended test time, early morning math classes, and small class sizes. Connor’s counselor offered to help Connor stay organized, but his parents declined. Connor succeeded under his section 504 Plan (Rehabilitation Act, 29 U.S.C. 794) through junior year. On the SAT, he scored in the 95th percentile for Reading and 98th percentile for Math. Connor’s junior-year teachers unanimously agreed that he did not need special education. Senior year, Connor amassed late and incomplete work, culminating in five failing grades, removal from the Magnet Program, and inability to graduate. His Plan had been expanded to include recording classes, access to online class notes, and reduced homework. Although the District found Connor IDEA-eligible (Individuals with Disabilities Education Act, 20 U.S.C. 1400), Connor and his teachers attributed his failing grades not to his disability, but to procrastination. The family filed a Due Process Hearing Request. An ALJ ruled in favor of the District. The Eleventh Circuit affirmed the dismissal of section 504 and Americans With Disabilities Act (ADA), 42 U.S.C. 12131, claims for noncompliance with the IDEA’s exhaustion requirement. Connor was entitled to neither an IDEA evaluation nor special education because he was not a “child with a disability.” View "Durbrow v. Cobb County School District" on Justia Law