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   Federal Courts - 11th Circuit Court of Appeals - April 11, 2007

  
Adkins v. Christie, No. 06-13057, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided
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Alyshah v. Georgia, No. 06-15328 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: A district court's Fed. R. Civ. P. 12(b)(6) dismissal of an individual's state tort claims and federal claims against the State of Georgia was affirmed because Georgia has specifically preserved in sovereign immunity in O.C.G.A. § 50-21-23(b), and Congress had not abrogated the immunity of the states with the passage of 42 U.S.C.S. § 1983.

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Calderon v. United States AG, No. 06-15407 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: A petition for review was denied because the BIA did not abuse its discretion in deny the aliens' motion to reconsider since the motion merely reiterated evidence and arguments previously presented, and the BIA did not abuse its discretion in denying the motion to reopen since the motion did not include new material evidence.

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Chaney v. City of Orlando, No. 06-12647, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: In a § 1983 case, a district court's grant of a police officer's Fed. R. Civ. P. 50(b) motion for judgment as a matter of law was reversed, and the case was remanded, because the district court placed undue weight on the findings of a jury as to probable cause for an allegedly wrongful arrest.

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De Jesus Saldarriaga v. United States AG, No. 06-15296 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Lowery v. Ala. Power Co., Nos. 06-16324 & 06-16325, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Defendants, in an action based on Alabama tort law regarding discharge of particulates and gases in atmosphere and ground water, failed to show by the preponderance of evidence that removal was proper by establishing that complaint met the $5,000,000 aggregate amount in controversy for diversity jurisdiction under Class Action Fairness Act of 2005.

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Macola v. Gov't Emples. Ins. Co., No. 04-10436, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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McClish v. Nugent, No. 06-11826, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Although deputy one violated arrestee one's U.S. Const. amend. IV rights by pulling him from doorway of home and effectuating warrantless arrest, deputy one was entitled to qualified immunity because U.S. Supreme Court case holding that such an arrest was unlawful was not clearly established due another case in which similar arrest was upheld.

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Robinson v. Astrue, No. 06-15313 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: ALJ did not fail to fully and fairly develop the record as to claimant's application for Social Security disability benefits; because claimant waived counsel, the ALJ did not have a special duty to develop the record. Claimant failed to meet his burden of proof by producing medical records from the relevant time period to show that he was disabled.

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United States v. Garey, No. 05-14631, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: District court improperly found that defendant voluntarily, knowingly, and intelligently waived his Sixth Amendment right to counsel for his trial related to bomb threats because his actions were not clear and unequivocal that he desired to proceed pro se and his actions were insufficient to invoke his Sixth Amendment right of self-representation.

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