Summer 2015 RSS feed for this section

No Qualified Immunity for Deputy and Failure to Investigate Not “Ratification” by Sherriff in Shooting of Unarmed and Retreating Suspect

In Salvato v. Miley, 790 F.3d 1286 (11th Cir. 2015), the Eleventh Circuit evaluated the availability of qualified immunity for a deputy against a 42 U.S.C. § 1983 claim brought by Salvato’s estate and determined whether the sheriff of Marion County’s failure to investigate amounted to a “ratification” of the deputy’s conduct so as to […]

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Eleventh Circuit Finds USDA License Renewal Process Does Not Violate the Animal Welfare Act

In Animal Legal Defense Fund v. U.S. Department of Agriculture, 789 F.3d 1206 (11th Cir. 2015), the Eleventh Circuit found that the United States Department of Agriculture’s (USDA) interpretation of the Animal Welfare Act’s license renewal process was reasonable, and as such, their renewal of Seaquarium’s license was not unlawful, even if the USDA was […]

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Eleventh Circuit Denies Preliminary Injunction Sought by Plaintiffs Who Claim That a Federal Regulation Violates Their Second Amendment Rights

In GeorgiaCarry.Org v. U.S. Army Corps of Engineers, 788 F.3d 1318 (11th Cir. 2015), the Eleventh Circuit affirmed the district court’s decision to deny the plaintiffs’ request for a preliminary injunction because the plaintiffs failed to show a substantial likelihood that their case would succeed on the merits. The U.S. Army Corps of Engineers (“the […]

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Eleventh Circuit Holds that the Collection of Cell Tower Location Data Does Not Violate the Fourth Amendment

In United States v. Davis, 785 F.3d 498 (11th Cir. 2015), the Eleventh Circuit affirmed the lower court’s order compelling production of a third-party telephone company’s business records containing cell tower location information on the defendant. In doing so, the court ruled that production did not violate the defendant’s Fourth Amendment rights. The defendant was […]

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Eleventh Circuit Dismisses Claims in Prisoner Suicide Case

In Jackson v. West, 787 F.3d 1345 (11th Cir. 2015), the Eleventh Circuit held that the plaintiff failed to establish genuine disputes of fact as to whether seven corrections officers at the Marion County Jail had subjective knowledge of the decedent’s suicide risk. The decedent, a twenty-two year old in custody for approximately four months […]

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