Topic
Every decision we've filed under Constitutional.
The Ninth Circuit reversed the district court's denial of qualified immunity for two officers involved in a fatal welfare check. The court held that the law was not clearly established regarding the use of less-lethal force against an armed, suicidal individual.
The United States Court of Appeals for the Fifth Circuit has ordered an initial hearing en banc for this First Amendment case. The court also consolidated this matter with a related appeal for oral argument purposes.
The Eleventh Circuit affirmed a permanent filing injunction and dismissal against a serial litigant who failed to post a required contempt bond. However, the court reversed the denial of a motion to modify the injunction and remanded for consideration of the litigant's indigence arguments.
The Eleventh Circuit affirmed the denial of a federal habeas corpus petition filed by a death row inmate claiming a violation of his Sixth Amendment right to a speedy trial. The court held that the state court's application of the Barker factors was not unreasonable under the Antiterrorism and Effective Death Penalty Act.
The Eleventh Circuit affirmed the convictions and sentence of Kelvin Bolton after he abandoned all challenges to his case on appeal. The court noted that Bolton may file a new motion under Section twenty-two hundred fifty-five once the mandate issues.
The Eleventh Circuit held that a federal prisoner's motion to vacate a sentence is not second or successive when it challenges a new judgment entered after a prior habeas petition. The court vacated the district court's dismissal and remanded the case for further proceedings.
The United States Court of Appeals for the Ninth Circuit has ordered a rehearing en banc in this religious liberty dispute. The three-judge panel opinion that previously decided the case is hereby vacated.
The Ninth Circuit reversed a district court ruling that denied qualified immunity to police officers who mistakenly entered the wrong apartment. The court held that the officers' actions were not clearly established as unconstitutional under the Fourth Amendment given the exigent circumstances and lack of binding precedent.
The Tenth Circuit denied a certificate of appealability to a state prisoner challenging the timeliness of his habeas petition. The court affirmed the district court's dismissal, finding the prisoner failed to meet the requirements for equitable tolling or the firm-waiver exception.
The Eleventh Circuit affirmed the dismissal of a pro se complaint alleging constitutional violations in a child custody proceeding. The court held that the district court correctly found the claims frivolous and that granting leave to amend would have been futile.