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| Hicks v. Jordan, No. 05-14349 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Where a petition for writ of habeas corpus is brought pursuant to 28 U.S.C.S. § 2241, exhaustion of administrative remedies was jurisdictional. District court properly dismissed the petition for lack of subject matter jurisdiction. Additionally, the government did not waive the issue by arguing alternatively that claims failed on the merits.
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| Jackson v. Crosby, No. 04-15992,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Where Supreme Court ruled Fed. R. Civ. P. 60(b)(6) motion in 28 U.S.C.S. § 2254 case was not to be treated as successive habeas petition if it did not assert, or reassert, claims of error in state conviction, inmate was not entitled to COA where he was merely seeking to gain second chance at appeal with use of Rule 60(b) motion.
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| Lafavors v. Jenne, No. 05-14410 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: District court's judgment as a matter of law on behalf of a deputy, following a jury verdict for a suspect that the deputy arrested, was affirmed because the force used by the deputy in the arrest of the suspect was reasonable as a matter of law. Further, even if a constitutional violation did occur, the deputy was entitled to qualified immunity.
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| Lavender v. Bunn, No. 05-14303 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: A police officer was entitled to official immunity as to plaintiff's negligence claim arising out of a stop for a violation of Georgia's anti-noise statute and plaintiff's subsequent arrest because the stop and arrest were discretionary acts for which officer was entitled to official immunity unless he acted with actual malice or intent to injure.
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| Porter v. Provident Life & Accident Ins. Co., No. 05-13632-AA Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Court of appeals affirmed district court's award of summary judgment in favor of employer that terminated long-term disability benefits that were paid to former employee under plan that was subject to the ERISA because the employee refused to submit to an independent medical evaluation while she was appealing the decision to terminate her benefits.
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| United States v. Alvarez, No. 05-13367 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2006, Decided , February 2, 2006, Filed
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Overview: Defendant waived the right to appeal a district court's denial of a minor role reduction in sentencing where the district court questioned him about a sentence appeal waiver contained in his plea agreement during his plea colloquy, explained the effect of the waiver, and confirmed that he understood the types of challenges he was waiving.
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