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| Asad v. Bush, No. 05-10306 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: A district court's sua sponte 28 U.S.C.S. § 1915(e)(2)(B)(ii) dismissal of a pro se inmate's § 1983 case was affirmed because his Free Exercise Clause, Religious Land Use and Institutionalized Persons Act of 2000, due process, conspiracy, and civil RICO claims all failed.
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| Gardner v. Bell, No. 05-13608 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Client's malpractice claim was time barred under Ala. Code § 6-5-574(a) where client filed suit more than two years after alleged malpractice occurred, which was when attorneys failed to respond to discovery motion in underlying suit and forged a motion to extend time or when court entered summary judgment against client due to attorneys' actions.
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| Heppell-Libsansky v. Comm'r of Soc. Sec., No. 05-14791 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Denial of disability benefits for a claimant, who suffered from fibromyalgia, depression, and hypothyroidism, was supported by substantial evidence under 42 U.S.C.S. § 405(g) where an ALJ properly gave only limited consideration to the statements of a certain physician, who treated the claimant only twice after the onset date of her conditions.
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| Kimbell v. Clayton County, No. 05-15966 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: In executrix's 42 U.S.C.S. § 1983 suit alleging that county and corrections officers acted with deliberate indifference to decedent's serious medical needs, district court's denial of summary judgment motion based on qualified and official immunity could be heard as interlocutory appeal because denial of summary judgment was a conclusion of law.
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| Liu v. United States AG, No. 05-11739 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Court lacked jurisdiction to consider BIA's denial of alien's requests for asylum and withholding of removal because alien did not file petition for review within 30 days, as required by 8 U.S.C.S. § 1252(b)(1). BIA properly denied motion to reopen because pregnancy of alien's wife was not changed circumstance which excused motion's untimeliness.
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| McBride v. Rivers, No. 05-13328 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: District court properly granted summary judgment to sergeant and officers in inmate's 42 U.S.C.S. § 1983 suit alleging U.S. Const. amend. VIII violations; officers had no subjective knowledge that prisoner posed safety risk to inmate where he only stated that he feared prisoner, and force was necessary to restrain inmate after fight with prisoner.
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| Reed v. Fulton County Gov't, No. 05-11525 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: The dismissal under Fed. R. Civ. P. 37(d) of an employee's Title VII action for failure to appear for his deposition was affirmed because, despite numerous attempts to schedule a deposition, and the district court's order compelling his attendance, the employee did not appear, demonstrating his wilful disregard for the district court's order.
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| Rhodes v. Unisys Corp., No. 05-14783 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: In employee's suit against employer for breaching contract to pay performance bonus, district court in Alabama lacked personal jurisdiction over employer's CEO because his single contact with Alabama was e-mail informing employee of bonus revocation, and such contact was unrelated to breach of contract claim, as CEO was not party to bonus contract.
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| Sanchez v. United States, No. 05-10347 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: The denial of a prisoner's 28 U.S.C.S. § 2255 motion to vacate, set aside, or correct his sentence was affirmed because his sole argument was based on equitable tolling and an impediment, he failed to argue, as directed in the COA, whether his motion was timely, and he conceded that it was untimely under AEDPA.
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