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| Camp v. Cason, Nos. 06-15404, 06-16425 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Where other gun permit applicants' affidavits rebutted the Georgia agency official's contention that a revised application form and process were in effect, in compliance with the Privacy Act, 5 U.S.C.S. § 552a (note), as to the authority for requesting a SSN, it was error to dismiss an applicant's declaratory and injunctive relief claims as moot.
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| Chambless v. Louisiana-Pacific Corp., No. 06-11419,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: The judgment of the district court in an employment discrimination case was affirmed because, inter alia, the employee failed to show that gender and age, her protected traits, determinatively influenced the employer's failure to promote her, and a magistrate judge did not err by allowing the employer to proceed with the mixed-motive defense.
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| Cleveland v. City of Cocoa Beach, No. 03-16514,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Summary judgment in favor of a mayor was affirmed on a commissioner's claim that his First Amendment rights were violated when the mayor told him he could not wear a shirt supporting another mayoral candidate a council meeting, as the mayor also prohibited her own supporter from displaying such messages and the meeting was a limited public forum.
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| Freeman v. Barnhart, No. 06-15604 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: ALJ properly denied claimant's request for Social Security disability benefits; ALJ properly considered all evidence to find that claimant could perform light work, evidence showed that claimant's depression did not impair her ability to work, and opinions of physicians who stated that claimant could only perform sedentary work were contradicted.
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| Jimenez v. Fla. Dep't of Corr., No. 06-14523,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Under 28 U.S.C.S. § 2253(c)(2), a federal appeals court denied petitioner, a state death row inmate, COAs because he failed to exhaust his state law remedies and was procedurally barred from pursuing other claims; inter alia, 28 U.S.C.S. § 2254(i) barred his claim of ineffective assistance of state-appointed counsel in postconviction proceedings.
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| United States v. Miranda, No. 06-11196,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Where defendant did not request an extension for an alternative new trial motion, and the government did not object to timeliness under Fed. R. Crim. P. 33, the objection was not waived because under Fed. R. Crim. P. 29(d) the court had not conditionally ruled on it when ruling on the motion for acquittal; a new trial was an abuse of discretion.
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| United States v. Terry, No. 06-14426 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. § 841(a)(1) and (b)(1)(B)(ii) was affirmed because the district court did not err in denying his motion to suppress; defendant's Fourth Amendment rights were not violated since, inter alia, the traffic stop was not pretextual, and the scope of defendant's consent to the search was not exceeded.
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| Wash. Mut. Bank v. Bush, No. 06-12482 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Appellant's claim that federal judge acted improperly in remanding to state court a bank's dispossessory action against appellant was properly dismissed; improper remand by a federal judge in a federal case was not a viable claim under Bivens, the Federal Tort Claims Act, or any applicable state statute, and judge was entitled to judicial immunity.
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