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| Al-Amin v. Donald, No. 05-13803 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Although the inmate had been confined in administrative segregation for a long time, because it occurred under conditions substantially similar to those experienced by the general population of the prison, his confinement in administrative segregation did not unexpectedly exceed his sentence in a manner evoking protections of Due Process Clause.
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| Boxer X v. Harris, No. 04-13083,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Court vacated district court's 28 U.S.C.S. § 1915A dismissal of inmate's 42 U.S.C.S. § 1983 suit against female guard; inmate's allegations that guard made him strip and perform sexual acts of self-gratification and punished him for filing grievances were sufficient to state claims for violation of privacy and U.S. Const. amend. I retaliation.
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| Johnson v. Barnes & Noble Booksellers, Inc., No. 04-16113,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: District court properly refused request for jury instruction that merchant acted reasonably in detaining patron who claimed false imprisonment; merchant's management and security guards did not witness patron allegedly grabbing buttocks of merchant's employee, and thus, merchant could not make a citizen's arrest under Fla. Stat. § 877.03 (2001).
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| Levine v. World Fin. Network Nat'l Bank, No. 04-16428,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: District court erred by dismissing a complaint alleging a violation of the Fair Credit Reporting Act, 15 U.S.C.S. § 1681 et seq., by a credit reporting agency when it supplied a report to a former creditor because a simple recitation of account review did not automatically absolve the agency from liability under 15 U.S.C.S. § 1681e(a).
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| Sauveur v. United States AG, No. 05-13622 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Substantial evidence supported the IJ's adverse credibility finding in the case of a Haitian who challenged a Board of Immigration decision denying his application for asylum, 8 U.S.C.S. § 1158(b)(1)(A), and withholding of removal under the INA and Convention Against Torture. Discrepancies went to the heart of his persecution claim.
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| United States v. Abraczinskas, No. 04-16532 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Defendant was entitled to resentencing because the government conceded that it could not show that the district court's statutory Booker error in sentencing defendant under the mandatory guidelines was harmless and the district court made no statement that it would have imposed the same sentence under the advisory guidelines.
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| United States v. Hunt, No. 05-13010 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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Overview: Although there was sufficient evidence to support revocation of defendant's supervised release pursuant to 18 U.S.C.S. § 3583(d), district court committed plain error in ordering defendant to participate in a counseling program at discretion of his probation officer, as delegating such authority to a probation officer violated U.S. Const. art. III.
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| Williams v. Reed, No. 05-15417 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 27, 2006, Decided , January 27, 2006, Filed
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