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Federal Courts -
11th Circuit Court of Appeals - January 31, 2007
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Bush v. Wash. Mut. Bank, F.A. (In re Bush), No. 06-12528 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: A district court's decision was affirmed because the judge's refusal to recuse himself was not an abuse of discretion as his prior adverse ruling against a debtor did not require his recusal, and collateral estoppel barred the debtor from relitigating the issue of whether a foreclosure sale was invalid due to the operation of the automatic stay.
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Esensoy v. McMillan, No. 06-12580 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: A district court's dismissal of a pro se inmate's § 1983 complaint against five judges of the Alabama Supreme Court was affirmed because, while the district court may have been premature in applying the Rooker-Feldman doctrine to the case, the inmate's claim for declaratory and injunctive relief was barred by the Heck decision.
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Knight v. Alabama, No. 05-11527,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: In a case involving a 15 year-old consent decree rectifying the State of Alabama's college and university segregative policies, private invtervenors' motion for additional relief attacking lower school funding through tax polices, was properly denied; any segregative effect the tax policies had on higher education was far too attenuated.
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Rizo v. Ala. Dep't of Human Res., No. 06-13261 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: A state agency was properly dismissed from a terminated employee's suit because it had U.S. Const. amend. XI sovereign immunity with regard to employee's claim for monetary damages under ADA. The employee could not pursue his ADA, Title VII, and ADEA claims against his former employer because he had not filed timely discrimination charge with EEOC.
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