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The Eleventh Circuit granted appointed counsel's motion to withdraw from representing Joshua Thompson in his direct criminal appeal. The court affirmed the defendant's conviction and sentence after an independent review found no arguable issues for appeal.
The Eleventh Circuit affirmed the dismissal of a pro se prisoner's civil rights complaint for failure to comply with a specific district court filing injunction. The court rejected the appellant's argument that the injunction was an impermissible universal injunction under recent Supreme Court precedent.
The Eleventh Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 complaint alleging Brady and Giglio violations because the allegations were conclusory and failed to state a plausible claim. The court clarified that prosecutors have no constitutional duty to disclose impeachment evidence prior to a guilty plea, which negated the plaintiff's due process argument.
The Fifth Circuit affirmed a life sentence for enticement of a minor, rejecting the defendant's claim that the district court unreasonably failed to weigh his history of childhood sexual abuse. The court held that the record contained no evidence of plain error or a clear misjudgment in balancing the statutory sentencing factors.
The Eleventh Circuit affirmed a jury verdict holding a police officer liable for excessive force after tasing a fleeing, non-resisting suspect who fell down a steep embankment. The court also upheld the district court's reduction of punitive damages to $1 million while rejecting the plaintiff's claim of municipal liability against the City of Atlanta.
The D.C. Circuit affirmed the Navy's decision to deny Lieutenant Mitchell a promotion and remove him from the promotion list after he left his post as Command Duty Officer without authorization. The court held that the military's finding of substandard performance was reasonable and not arbitrary or capricious under administrative review standards.
The Sixth Circuit affirmed sanctions against plaintiff Glenn Whiting and his attorney for filing a pattern of frivolous lawsuits against the City of Athens and its officials. The court held that the claims lacked legal merit due to absolute immunities and privileges, and that the litigation constituted a harassment campaign draining public resources.
The Fourth Circuit affirmed the dismissal of a second lawsuit by real estate firms challenging state reclamation activities at a former coal mine. The court held that the doctrine of claim preclusion barred the plaintiffs from relitigating issues arising from the same site and transaction, and that the remaining claim failed to state a valid cause of action under the Clean Water Act.
The Fourth Circuit held that genuine issues of material fact exist regarding whether prison officials were deliberately indifferent to a prisoner's serious physical disabilities by denying him out-of-cell exercise. The court affirmed the dismissal of the claim against the Department of Corrections Director but vacated summary judgment for the local officials, remanding the case for trial.
The Seventh Circuit affirmed summary judgment for prison guards, ruling that a prisoner's failure to use established religious accommodation procedures precluded a finding of liability for refusing to hire him. The court further held that a guard's offhand comment calling a prisoner a snitch did not violate clearly established First Amendment law, shielding the officer from liability.
