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  • Commentaries
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11th Circuit Case Commentaries

Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Date: Jul 15, 2025
Hernandez v. Sheriff of Manatee County, Florida Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or...
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

Date: Jul 15, 2025
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification by the Eleventh Circuit 1. Introduction In Deon Johnston v. Deputy Sean M. Carlson, the United...
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Date: Jul 15, 2025
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act Introduction Angela Gilder-Lucas, a supervisor of education at a federal prison in...
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Date: Jul 15, 2025
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements 1. Introduction In Calvin David Fox v. Robin R. Weiner, No. 24-10423...
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Date: Jul 15, 2025
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act Introduction In Rachael M. Gorecki v. Commissioner, Social Security Administration, No. 23-13863 (11th Cir....
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

Date: Jul 15, 2025
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance 1. Introduction James E. McNair v. K. Johnson,...
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

Date: Jul 15, 2025
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors 1. Introduction United States v. Patrick Joseph, No. 24-10700...
Reinforcing the Evidentiary Threshold for Causation in Maritime Wake-Damage Claims: Commentary on Albano v. Perih (11th Cir. 2025)

Reinforcing the Evidentiary Threshold for Causation in Maritime Wake-Damage Claims: Commentary on Albano v. Perih (11th Cir. 2025)

Date: Jul 12, 2025
Reinforcing the Evidentiary Threshold for Causation in Maritime Wake-Damage Claims: Albano v. Perih (11th Cir. 2025) Introduction In Peter Joachim Albano v. Patric J. Perih, the United States Court...
Affirming De-Facto Life Sentences Below the Statutory Maximum: United States v. Billy McCall, Jr. and the Eleventh Circuit’s Framework for Weighing § 3553(a) Factors

Affirming De-Facto Life Sentences Below the Statutory Maximum: United States v. Billy McCall, Jr. and the Eleventh Circuit’s Framework for Weighing § 3553(a) Factors

Date: Jul 12, 2025
Affirming De-Facto Life Sentences Below the Statutory Maximum: United States v. Billy McCall, Jr. and the Eleventh Circuit’s Framework for Weighing § 3553(a) Factors 1. Introduction Case Name: United...
“Still Smells Like Probable Cause” – The Eleventh Circuit’s Re-affirmation that the Odor of Marijuana Alone Justifies a Warrantless Automobile Search (United States v. Gregory LaMarcus Green, 2025)

“Still Smells Like Probable Cause” – The Eleventh Circuit’s Re-affirmation that the Odor of Marijuana Alone Justifies a Warrantless Automobile Search (United States v. Gregory LaMarcus Green, 2025)

Date: Jul 12, 2025
“Still Smells Like Probable Cause” – The Eleventh Circuit’s Re-affirmation that the Odor of Marijuana Alone Justifies a Warrantless Automobile Search (United States v. Gregory LaMarcus Green,...
Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test

Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test

Date: Jul 12, 2025
Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test Introduction Happy Johnson, the...
Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed

Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed

Date: Jul 12, 2025
Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed Introduction On 13 March 2021 the Clayton County Police...
Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) – Commentary on Mizell v. Wells Fargo Bank, N.A.

Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) – Commentary on Mizell v. Wells Fargo Bank, N.A.

Date: Jul 12, 2025
Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) Haywood Jackson Mizell v. Wells Fargo Bank, N.A. 1....
Unwritten Qualification Thresholds as Evidence of Pretext: Commentary on Scott v. Macon-Bibb County (11th Cir. 2025)

Unwritten Qualification Thresholds as Evidence of Pretext: Commentary on Scott v. Macon-Bibb County (11th Cir. 2025)

Date: Jul 12, 2025
Unwritten Qualification Thresholds as Evidence of Pretext: A Comprehensive Commentary on Scott v. Macon-Bibb County, Georgia (11th Cir. 2025) Introduction In Scott v. Macon-Bibb County, Georgia, No....
United States v. Pettway: Re-entrenching § 922(g)(1) after Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References

United States v. Pettway: Re-entrenching § 922(g)(1) after Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References

Date: Jul 12, 2025
United States v. Pettway: Re-entrenching § 922(g)(1) After Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References Introduction In United States v. James Pettway, No. 24-10422 (11th...
United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings

United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings

Date: Jul 12, 2025
United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings 1. Introduction United States v. Jonas Michel, No. 24-11699 (11th...
United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1)

United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1)

Date: Jul 12, 2025
United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1) Introduction The Eleventh Circuit’s...
“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization (Commentary on United States v. Vincent Edward Wardlow, 25-10341, 11th Cir. 2025)

“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization (Commentary on United States v. Vincent Edward Wardlow, 25-10341, 11th Cir. 2025)

Date: Jul 12, 2025
“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization Commentary on United States v....
Gilmore v. Georgia DOC:  A Landmark on “Obvious Clarity,”  Qualified Immunity, and the Fourth-Amendment Limits on Strip-Searching Prison Visitors

Gilmore v. Georgia DOC: A Landmark on “Obvious Clarity,” Qualified Immunity, and the Fourth-Amendment Limits on Strip-Searching Prison Visitors

Date: Jul 12, 2025
Gilmore v. Georgia Department of Corrections Court of Appeals for the Eleventh Circuit (en banc) Decided 11 July 2025 1. Introduction Clarissa Gilmore v. Georgia Department of Corrections is one of...
United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy

United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy

Date: Jul 12, 2025
United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy Introduction United States v. Steven George Morgan, No. 23-11114 (11th...
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