United States Eleventh Circuit - January 2002 Opinion Summaries

IN RE: LAWRENCE

Bankruptcy Law
In a bankruptcy proceeding, a debtor held in contempt for failure to turn over the assets of a trust, pursuant to a Turn Over Order, cannot raise the...

US v. MIRAVALLES

Constitutional Law, Criminal Law & Procedure, Landlord Tenant Law
Tenants of a large, multi-unit apartment building do not have a reasonable expectation of privacy in the common areas of the building where the lock...

SKRTICH v. THORNTON

Civil Procedure, Civil Rights, Injury & Tort Law
A plaintiff alleges facts sufficient to defeat defendants' qualified immunity defenses, and preserve claims under 42 USC 1983 alleging excessive...

JOHNSON v. BREEDEN

Attorney's Fees, Constitutional Law, Criminal Law & Procedure, Remedies
The district court abused its discretion when it failed to restrict awards of attorney's fees and expenses not directly and reasonably incurred in...

FEQUIERRE v. IMMIGRATION AND NATURALIZATION SERV.

Immigration Law
Although 8 U.S.C. section 1229a(c)(3)(B) lists types of proof that will suffice as evidence of a prior conviction for purposes of deportation, other...

VENCOR HOSP., INC. v. STANDARD LIFE AND ACCIDENT INS. CO.

Civil Procedure
In light of the 1991 amendment to Federal Rule of Appellate Procedure 4(a)(6), Federal Rule of Civil Procedure 60(b) is no longer a viable means of...

ROWE v. FORT LAUDERDALE

Criminal Law & Procedure, Injury & Tort Law
If an incarcerated plaintiff cannot bring his negligent training and supervision claim against parties until he is released, the three-year period for...

US v. RODRIGUEZ

Criminal Law & Procedure, Sentencing
Under USSG 2D1.1, a defendant who sold drugs to victim may be culpable for causing the victim's death, even if third parties could have prevented the...

BREEDLOVE v. MOORE

Criminal Law & Procedure, Habeas Corpus
Evidence of the arresting officers own criminal acts, unrelated to the crime at issue, is not subject to Brady disclosure to defendant, where it would...

WRIGHT v. SEC'Y FOR THE DEP'T OF CORR.

Criminal Law & Procedure, Habeas Corpus
A state court's unexplicated rejection of a federal constitutional issue still qualifies as an adjudication under 28 USC 2254(d), so that it is...