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| Clerveau v. United States AG, No. 06-12959 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided
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Overview: A petition for review was denied because an IJ correctly found that a shooting incident involving alien, a Haitian policeman, was not on account of his political opinion. The record reflected that the alien received numerous threats to join Lavales, but he did not feel the need to leave Haiti until the shooting.
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| Dixon v. Bradshaw, No. 06-10332 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: Employee's 42 U.S.C.S. § 2000e-2(a)(1) race discrimination claim failed; even if sheriff's office's denial of employee's request for a transfer was an adverse employment action, employee failed to establish pretext to rebut office's proffered legitimate reason that another officer was more qualified because he scored higher during interviews.
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| Gary v. Hale, No. 06-12545 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: Although employee established prima facie case for retaliation under 42 U.S.C.S. § 2000e-3(a) where she was denied promotion to sergeant after passing exam, employer offered legitimate, nondiscriminatory reason for the denial, which was that employee's score was lowest of all applicants, and employee failed to show that such reason was pretextual.
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| Hawthorne v. Sheriff of Broward County, No. 06-11094 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: A convicted prisoner's false arrest and excessive force claims against deputies who arrested him after he struggled with them and bit one deputy when they tried to question him about a burglary were properly dismissed on summary judgment; inter alia, the Fourth Amendment did not require them to have probable cause to initially question him.
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| Linder v. Boland, No. 06-12217 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided
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Overview: A district court's 28 U.S.C.S. § 1915(e)(2)(B)(ii) dismissal of pro se inmate's § 1983 complaint was reversed, and the case was remanded because the inmate was not seeking to overturn his conviction, he was seeking access to evidence; therefore, the complaint was not barred by the Heck decision.
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| Treece v. Wilson, No. 06-11424 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: A district court's 28 U.S.C.S. § 1915A(b) dismissal of a pro se inmate's challenging the suspension of his Social Security benefits pursuant to 42 U.S.C.S. § 402(x)(1)(A)(i) was affirmed since, inter alia, the inmate could not bring a Bivens action and his constitutional claims were not cognizable under the FTCA.
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| United States v. Campbell, No. 06-12578 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: United States Court of Appeals for the Eleventh Circuit held that its judicially-crafted Jones rule's objection-elicitation requirement was applicable to supervised release revocation proceedings; a sentencing judge's asking if the parties "had anything further" was insufficient to elicit objections to the manner in which the sentence was imposed.
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| United States v. Womack, No. 05-15218 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. § 844(a) was affirmed since even if the search warrant affidavit lacked sufficient information to support a finding of probable cause, the evidence was admissible under the good faith exception to the exclusionary rule, and the district court correctly denied his motion for a judgment of acquittal.
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