January 2016 RSS feed for this section

Eleventh Circuit Finds Plaintiff Failed to Show Police Officer Lacked Qualified Immunity

In Singletary v. Vargas, No. 14-14424, 2015 WL 6533367 (11th Cir. Oct. 29, 2015), the defendant appealed a decision from the United States District Court for the Middle District of Florida that denied the defendant’s claim of qualified immunity and the defendant’s motion for summary judgment. The facts of the case involve an undercover officer, […]

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Eleventh Circuit Holds that Double Jeopardy is Not Implicated by Ordering Forfeiture and Restitution for the Same Crime

In United States v. Hernandez, 2015 WL 6118332 (11th Cir. Oct. 19, 2015), the Eleventh Circuit vacated the denial of a forfeiture motion and remanded to the district court with instructions to order both a forfeiture judgment and restitution order, each in the amount of $117,659. After reviewing de novo the district court’s legal conclusions […]

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Eleventh Circuit Holds Complaint by Public Employees Not Protected Under First Amendment

In Alves v. Board of Regents, No. 14-14149, 2015 WL 6517011 (11th Cir. Oct. 29, 2015), the Eleventh Circuit affirmed the United States District Court for the Northern District of Georgia’s grant of summary judgment in favor of the defendants, rejecting the plaintiffs’ First Amendment claims. The court determined that a memorandum submitted by several […]

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Eleventh Circuit Finds Error in Respondent’s Challenge to Arbitration Agreement

In Parnell v. Cashcall, Inc., No. 14-12082, 2015 WL 6504332 (11th Cir. Oct. 28, 2015), the Eleventh Circuit held that the Federal Arbitration Act, 9 U.S.C. §§ 2–4 (2012) requires courts to “treat a delegation provision as valid and permit the parties to proceed to arbitration” when the provision is not directly challenged by the […]

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Eleventh Circuit Rules for Defendant on Eighth Amendment and PLRA Damages Claim in Case Involving UGA Law Appellate Litigation Clinic

Eleventh Circuit Rules for Defendant on Eighth Amendment and PLRA Damages Claim in Case Involving UGA Law Appellate Litigation Clinic Editor’s Note: The following essay was co-authored by Emily V. Cox and Alec L. Manzer, the winners of the Martin-Carnes Competition for Excellence in Writing.  The competition was open to all rising second-year students at […]

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