11th Circuit Case Commentaries

Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage

Date: Sep 2, 2026

Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage Case:...

Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion

Date: Sep 2, 2026

Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion Introduction...

Rule 702 Requires Field-Specific Expertise: A Treating Surgeon’s Product Use Cannot Supply Design/Manufacturing Causation; Georgia Negligent Manufacturing Needs More Than a Malfunction

Date: Sep 2, 2026

Rule 702 Requires Field-Specific Expertise: A Treating Surgeon’s Product Use Cannot Supply Design/Manufacturing Causation; Georgia Negligent Manufacturing Needs More Than a Malfunction Introduction...

“Apparent Conflict” Limits: No DOT–VE Conflict Where Security Guard DOT Excludes Heights/Machinery and Claimant Relies on a “Rabbit Trail” of Definitions

Date: Sep 2, 2026

“Apparent Conflict” Limits: No DOT–VE Conflict Where Security Guard DOT Excludes Heights/Machinery and Claimant Relies on a “Rabbit Trail” of Definitions 1. Introduction In Robert Battle v. Social...

Eleventh Amendment Sovereign Immunity Requires Dismissal Without Prejudice of ADA Title I (and Derivative Title V) Claims Against State University Boards; Ex parte Young Relief Unavailable Against State Agencies

Date: Sep 2, 2026

Eleventh Amendment Sovereign Immunity Requires Dismissal Without Prejudice of ADA Title I (and Derivative Title V) Claims Against State University Boards; Ex parte Young Relief Unavailable Against...

Objective Probable Cause Sustains a “Pretext” Traffic Stop and Rule 403 Permits Drug-Handling Phone Videos to Prove Constructive Possession and Maintaining a Drug Premises

Date: Sep 2, 2026

Objective Probable Cause Sustains a “Pretext” Traffic Stop and Rule 403 Permits Drug-Handling Phone Videos to Prove Constructive Possession and Maintaining a Drug Premises Case: United States v....

MDLEA Jurisdiction in Foreign EEZs and Keene Harmless-Error Treatment of Post-Dupree Career-Offender Misclassification

Date: Sep 2, 2026

MDLEA Jurisdiction in Foreign EEZs and Keene Harmless-Error Treatment of Post-Dupree Career-Offender Misclassification 1. Introduction This consolidated, non-argument Eleventh Circuit decision...

Florida Lewd-or-Lascivious Battery Categorically Triggers § 2252A(b)(1)’s 15-Year Mandatory Minimum as “Relating to … Abusive Sexual Conduct Involving a Minor”

Date: Sep 2, 2026

Florida Lewd-or-Lascivious Battery Categorically Triggers § 2252A(b)(1)’s 15-Year Mandatory Minimum as “Relating to … Abusive Sexual Conduct Involving a Minor” Introduction In United States v. Joshua...

Harmless Dupree Career-Offender Error: Keene Alternative-Sentence Affirmance While Reaffirming MDLEA Jurisdiction in Foreign EEZs

Date: Sep 2, 2026

Harmless Dupree Career-Offender Error: Keene Alternative-Sentence Affirmance While Reaffirming MDLEA Jurisdiction in Foreign EEZs Introduction United States v. Luis Alfonso Nunez (consolidated with...

MDLEA Jurisdiction in a Foreign EEZ and “Statelessness-by-Nonconfirmation,” Plus Harmless Career-Offender Error Under Keene

Date: Sep 2, 2026

MDLEA Jurisdiction in a Foreign EEZ and “Statelessness-by-Nonconfirmation,” Plus Harmless Career-Offender Error Under Keene Case: United States v. Mario Tovar (consolidated appeals with Luis Alfonso...

Non-Retroactive Sentencing Changes Cannot Supply “Extraordinary and Compelling Reasons” for Compassionate Release

Date: Sep 2, 2026

Non-Retroactive Sentencing Changes Cannot Supply “Extraordinary and Compelling Reasons” for Compassionate Release Introduction United States v. Patrick Fitzgerald Porter (11th Cir. Aug. 28, 2026) is...

Danger-to-the-Community Finding Alone Defeats Compassionate Release Under § 3582(c)(1)(A)

Date: Sep 2, 2026

Danger-to-the-Community Finding Alone Defeats Compassionate Release Under § 3582(c)(1)(A) Introduction In United States v. Wilbert McKreith (11th Cir. Aug. 28, 2026) (per curiam) (unpublished), the...

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence

Date: Aug 29, 2026

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence Introduction In LaQuetta Gordon v. United States (11th Cir. Aug. 27,...

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement

Date: Aug 29, 2026

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement Case: Brian C. Chubboy v. Nona C. Chubboy, et al....

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims

Date: Aug 29, 2026

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims: Beneficiaries’ Non-Debtor Class Actions Must Yield to Bankruptcy Administration 1. Introduction In Clark...

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive

Date: Aug 29, 2026

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive 1. Introduction In Marcy...

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.)

Date: Aug 29, 2026

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.) I. Introduction In Michael Eugene Grimage v....

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure)

Date: Aug 29, 2026

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure) Case: Robert E....

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum

Date: Aug 29, 2026

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum 1. Introduction In United States v. Francisco Alvarez-Tello (11th Cir. Aug. 27, 2026)...

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls

Date: Aug 29, 2026

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls Case: United States v. Kenny...