11th Circuit Case Commentaries

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Date: Sep 24, 2025

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs Introduction In United States v. Zeno Higgs (11th Cir. No. 25-10996, Sept. 22,...

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...

No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment

Date: Sep 13, 2025

No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment Introduction In CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, the...

No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

Date: Sep 13, 2025

No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands Case: Martinezz Bowman v. David Harvey Court: United States Court of...

Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable

Date: Sep 12, 2025

Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable Introduction This unpublished, per...

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment

Date: Sep 12, 2025

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment Introduction In Eddie James Moultrie v. G. Edwards (11th Cir....

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit

Date: Sep 12, 2025

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit Introduction In Eddie James Moultrie v....

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025)

Date: Sep 11, 2025

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025) Introduction In United States v. Lennard Rashard Monroe, a...

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis

Date: Sep 11, 2025

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis Case: George Walter Brewster,...

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Date: Sep 11, 2025

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees Introduction In Jean Guillaume v. United States...

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions

Date: Sep 11, 2025

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions Introduction...

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Date: Sep 11, 2025

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration Introduction In United States v. Joshua Eugene Gaines, the Eleventh Circuit vacated...

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Date: Sep 10, 2025

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County Introduction This en...

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings

Date: Sep 10, 2025

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings Introduction This commentary analyzes the Eleventh Circuit’s...

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial Burden”; Reenrollment Moors Injunctive Relief

Date: Sep 10, 2025

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial...

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Date: Sep 9, 2025

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent Case: United States v. Jorge Rodriguez...

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

Date: Sep 8, 2025

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen Introduction In Sylvestre Esteeven Point du Jour v. U.S. Attorney...

Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests

Date: Sep 8, 2025

Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests Case: Emma Jane Prospero v. Deputy Ryan Sullivan; Lt....

Previous Next