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| Cataldo v. St. James Epsicopal Sch., No. 06-12849 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided
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Overview: State commission's determination that employee's religious discrimination claim against parochial school was barred under Fla. Stat. ch. 760 and that employee failed to make out prima facie case for gender discrimination was entitled to full faith and credit under U.S. Const. art. IV and 28 U.S.C.S. § 1738. Thus, claims were collaterally estopped.
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| Ferguson v. Progress Energy of Fla., Inc., No. 06-11678,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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| Griffin v. Runyon, No. 06-13265 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: In a § 1983 excessive force claim, a district court's entry of summary judgment in favor of a deputy was affirmed because the deputy's use of pepper spray to subdue a suspect did not amount to excessive force under the Fourth and Fourteenth Amendments, and the district court could have held that the deputy was entitled to qualified immunity.
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| Jones v. VA, No. 06-12293 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Where employer fired employee for failing to cooperate in internal investigation and because co-workers complained that employee was taping their conversations, employee's 42 U.S.C.S. § 2000e-3(a) claim failed; even if information relied on by employer in deciding to discharge employee was mistaken, employer honestly relied on that information.
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| Milligan v. United States, No. 06-12109 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: A district court's denial of an inmate's 28 U.S.C.S. § 2255 motion was affirmed because the inmate could not show prejudice from trial counsel's failure to file a motion to dismiss based on a violation of the Speedy Trial Act, and appellate counsel could not have been ineffective for failing to raise that issue on direct appeal.
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| Morgado v. United States AG, No. 06-12087 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: A petition for review was dismissed as to the challenge to the IJ's finding that the asylum application was untimely because the appellate court lacked subject-matter jurisdiction to review that finding, and the remainder of the petition was denied because the alien was not eligible for withholding of removal or CAT relief.
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| Rodriguez v. United States AG, No. 06-12063 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Alien was not entitled to relief under 8 U.S.C.S. § 1231(b)(3); alien was not persecuted for political beliefs but due to refusal to supply medicine to liberation army, and alien was unable to show likelihood of future persecution where there was evidence that some Colombian health workers had been killed but did not show that army was responsible.
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| Rostan v. United States, No. 05-12733 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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| Thompson v. Hicks, No. 06-14110 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: A district court's denial of an inmate's motion for relief from judgment following dismissal his § 1983 case was affirmed since the district court could dismiss it sua sponte under 28 U.S.C.S. § 1915A, regardless of the fact he paid the filing fee, the case was barred by the Heck decision, and a retailer was a private entity, not a state actor.
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