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| Arce v. Garcia, No. 02-14427,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: District court did not abuse its discretion in holding Salvadorian refugees' claims under Torture Victim Protection Act, 28 U.S.C.S. § 1350 note, to be timely under the doctrine of equitable tolling until defendants resided in the U.S. and the civil war ended because they feared that family, friends, and witnesses in El Salvador would be harmed.
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| Cotton v. Cracker Barrel Old Country Store, Inc., No. 04-15404,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: District court properly granted summary judgment to employer in employee's Title VII sexual harassment and retaliation suit; employee failed to show that she suffered adverse employment action when she reported single instance of sexual harassment, as the employee, who was hired as a seasonal worker, knew her hours would be cut after Christmas.
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| Incorvaia v. Incorvaia, No. 05-14355 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Complaint asserting state law claims of fraudulent conveyance in connection with divorce proceedings and distribution of marital assets was properly dismissed for lack of jurisdiction because plaintiff and one defendant were both citizens of Florida such that plaintiff did not show complete diversity of parties as required by 28 U.S.C.S. § 1332(a).
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| Lindsey v. Barnhart, No. 05-13552 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: ALJ's decision that a claimant could perform medium work was supported by substantial evidence where a physician's report stated that the claimant could occasionally lift up to 36 pounds and frequently carry up to 23 pounds, which was consistent with the definition of medium work under 20 C.F.R. § 404.1567(c).
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| Roberts v. Design & Mfg. Servs., No. 05-12267 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: District court properly granted summary judgment to the employers in an employee's claims under the Age Discrimination in Employment Act, 29 U.S.C.S. § 621 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C.S. § 12101 et seq., as he presented no direct evidence of discrimination and did not show pretextual reasons for his firing.
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| Ruiz v. United States AG, No. 05-13987 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Aliens' petition for judicial review was denied as substantial evidence supported an immigration judge's (IJ's) adverse credibility determination, along with the IJ's alternative determination that the aliens failed to establish statutory eligibility based on persecution for either asylum or withholding of removal under 8 U.S.C.S. §§ 1158 and 1231.
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| Turner v. Sec'y, DOC, No. 05-13952 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Filed
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Overview: Prisoner's claim against prison doctors for deliberate indifference to serious medical needs properly was dismissed as frivolous under 28 U.S.C.S. § 1915(e)(2)(B)(i) where claim was nothing more than disagreement with medical treatment that was provided, as doctors conducted numerous tests and prescribed medications to treat prisoner's complaints.
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| United States v. Balereso, No. 05-10827 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: District court did not clearly err in denying defendant's request for minor-role reduction under U.S. Sentencing Guidelines Manual § 3B1.2. As he admitted he was found on boat with substantial amount of cocaine, and he was transporting it from one location to another, fact that he claimed he did not know how much cocaine was on boat was immaterial.
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| United States v. Bright, No. 04-15948 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Defendant, before pleading guilty to conspiracy charge, insisted he had not bought 5 kilograms of cocaine as alleged. Even if court plainly erred under Fed. R. Crim. P. 11 in accepting plea without additional factual clarification, this did not affect his substantial rights, as he would have received same sentence due to charge he did not dispute.
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