11th Circuit Case Commentaries

Title IX “Before-the-Fact” Liability: Hiring/Retention Deliberate Indifference Based on Known Prior Sexual-Misconduct Suspension

Date: Aug 26, 2026

Title IX “Before-the-Fact” Liability: Hiring/Retention Deliberate Indifference Based on Known Prior Sexual-Misconduct Suspension Case: Jane Doe, II v. Founding Fourteen, Inc (11th Cir. Aug. 21, 2026)...

Unimplemented Criminal-Code Changes and Family Threats Do Not Establish “Material Changed Country Conditions” to Excuse Untimely, Number-Barred Motions to Reopen

Date: Aug 26, 2026

Unimplemented Criminal-Code Changes and Family Threats Do Not Establish “Material Changed Country Conditions” to Excuse Untimely, Number-Barred Motions to Reopen 1. Introduction In Masri Sastrawan v....

United States v. Braxton: General Sentencing Objection Forfeits Specific Procedural Claims; § 3553(c) Satisfied When Reasons Are Clear From the Record

Date: Aug 26, 2026

United States v. Braxton: General Sentencing Objection Forfeits Specific Procedural Claims; § 3553(c) Satisfied When Reasons Are Clear From the Record Court: U.S. Court of Appeals for the Eleventh...

Explicit Sentencing Findings Required for §2D1.1(b)(1) Firearm Enhancements—Especially When Based on Co‑Conspirator Conduct

Date: Aug 26, 2026

Explicit Sentencing Findings Required for § 2D1.1(b)(1) Firearm Enhancements—Especially When Based on Co‑Conspirator Conduct Case: United States v. Victor Uriel Diego Estrada (11th Cir. Aug. 21,...

Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony

Date: Aug 24, 2026

Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony 1. Introduction In Rishi Ramdial v. U.S. Attorney General (11th Cir. Aug. 21, 2026), the...

Pro Se PLRA Three-Strikes Screening: R&R Objections Alleging Imminent Danger Must Be Treated as a Rule 15 Amendment or Motion to Amend

Date: Aug 24, 2026

Pro Se PLRA Three-Strikes Screening: R&R Objections Alleging Imminent Danger Must Be Treated as a Rule 15 Amendment or Motion to Amend 1. Introduction In John Wilson, Jr. v. Secretary, Florida...

Impeachment-Only, Ambiguous “Admission” Does Not Render a Trial Fundamentally Unfair; AEDPA Deference to Chapman Harmlessness and Independent Brecht Review

Date: Aug 24, 2026

Impeachment-Only, Ambiguous “Admission” Does Not Render a Trial Fundamentally Unfair; AEDPA Deference to Chapman Harmlessness and Independent Brecht Review I. Introduction In Wakilii Brown v....

Rule 11(b)(1)(O) Plain-Error Vacatur: Immigration Advisement Cannot Be Deemed Immaterial for Unlawfully Present Noncitizens

Date: Aug 24, 2026

Rule 11(b)(1)(O) Plain-Error Vacatur: Immigration Advisement Cannot Be Deemed Immaterial for Unlawfully Present Noncitizens Introduction In United States v. Andres Alvarado (11th Cir. Aug. 18, 2026)...

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process

Date: Aug 21, 2026

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process I. Introduction Chase Peden v. Glenn Stephens (11th Cir....

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority

Date: Aug 21, 2026

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority Case: United States v. Allen Pendergrass (11th Cir. Aug. 19, 2026) (per curiam, not for...

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations

Date: Aug 21, 2026

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations 1. Introduction In Ernest N. Finley, Jr. v. Thomas Albritton (11th Cir. Aug. 17, 2026), Chief...

Equitable Tolling for Motions to Reopen Requires Explained, Continuous Diligence—FOIA Timing and “I Didn’t Know” Are Not Enough

Date: Aug 21, 2026

Equitable Tolling for Motions to Reopen Requires Explained, Continuous Diligence—FOIA Timing and “I Didn’t Know” Are Not Enough 1. Introduction In Jhonny Castiblanco-Manrique v. U.S. Attorney General...

K-9 Deployment During In-Home Warrant Arrest Is Objectively Reasonable When Officers Give Repeated Warnings, Face Prolonged Noncompliance, and Release the Dog Promptly After Handcuffing

Date: Aug 21, 2026

K-9 Deployment During In-Home Warrant Arrest Is Objectively Reasonable When Officers Give Repeated Warnings, Face Prolonged Noncompliance, and Release the Dog Promptly After Handcuffing Case:...

Florida Implied Covenant Claims Require an Identified Breach of an Express Contract Term (and Account-Closure Discretion Defeats “Arbitrary” Closure Theories)

Date: Aug 21, 2026

Florida Implied Covenant Claims Require an Identified Breach of an Express Contract Term (and Account-Closure Discretion Defeats “Arbitrary” Closure Theories) I. Introduction In Sam Lewis v. JPMorgan...

Circumstantial Proof of “Death Results” Causation and Intrinsic Firearms Evidence in Fentanyl-Distribution Conspiracies

Date: Aug 21, 2026

Circumstantial Proof of “Death Results” Causation and Intrinsic Firearms Evidence in Fentanyl-Distribution Conspiracies I. Introduction In United States v. Joel Fonseca Flores (11th Cir. Aug. 19,...

Circumstantial Proof of “Death Results” Fentanyl Distribution and Intrinsic Firearms Evidence in Drug Conspiracies

Date: Aug 21, 2026

Circumstantial Proof of “Death Results” Fentanyl Distribution and Intrinsic Firearms Evidence in Drug Conspiracies I. Introduction In United States v. Joel Fonseca Flores (11th Cir. Aug. 19, 2026)...

Appeal Waiver Enforcement Despite Alleged Colloquy “Confusion” and Absent Hunter-Level Miscarriage of Justice: United States v. McReynolds, II

Date: Aug 21, 2026

Appeal Waiver Enforcement Despite Alleged Colloquy “Confusion” and Absent Hunter-Level Miscarriage of Justice: United States v. McReynolds, II Court: U.S. Court of Appeals for the Eleventh Circuit...

FSIA Cases: Courts Must Use § 1608(e) Default-Judgment Procedure (Implemented Through Rule 55) Rather Than Trying a Foreign State In Absentia

Date: Aug 21, 2026

FSIA Cases: Courts Must Use § 1608(e) Default-Judgment Procedure (Implemented Through Rule 55) Rather Than Trying a Foreign State In Absentia Case: Ricardo Devengoechea v. Bolivarian Republic of...

No Reasonable Expectation of Privacy in Unsecured Secret Recordings Placed in Shared Spaces; No Categorical Time-Limit Requirement for Hard-Drive Warrants

Date: Aug 21, 2026

No Reasonable Expectation of Privacy in Unsecured Secret Recordings Placed in Shared Spaces; No Categorical Time-Limit Requirement for Hard-Drive Warrants Introduction In United States v. Kenneth...

Anti-Kickback Statute: “May Be Made” Satisfied by Potential Federal Coverage; Employee Safe Harbor Is an Affirmative Defense Waived if Not Raised

Date: Aug 21, 2026

Anti-Kickback Statute: “May Be Made” Satisfied by Potential Federal Coverage; Employee Safe Harbor Is an Affirmative Defense Waived if Not Raised Case: United States v. Steven Chun (with Daniel...