Verdict . News

•Franklin Dominguez's Maritime Drug Law Enforcement Act conviction for cocaine smuggling was affirmed by the Eleventh Circuit

11th Circuit Upholds Maritime Drug Conviction Despite Delayed Appearance

The U.S. Court of Appeals for the Eleventh Circuit affirmed Franklin Dominguez's Maritime Drug Law Enforcement Act conviction for cocaine smuggling in Caribbean waters. The appeals court rejected his arguments that a 24-day delay before his initial court appearance and constitutional challenges warranted dismissal of the charges.

•The court rejected his challenge based on a 24-day delay before his initial court appearance

•Eleventh Circuit affirmed $17,349.61 cost award to City of Riviera Beach against Fane Lozman

11th Circuit Affirms $17K Cost Award to Riviera Beach in Lozman Case

The Eleventh Circuit Court of Appeals affirmed a district court's decision to award $17,349.61 in costs to the City of Riviera Beach, Florida, in its ongoing legal dispute with frequent litigant Fane Lozman. Lozman had challenged the award, arguing the city was not a prevailing party entitled to costs.

•Lozman argued city was not prevailing party because case was dismissed without prejudice for lack of ripeness

•Eleventh Circuit ruled that mental incompetency claims during direct appeal cannot be procedurally defaulted

11th Circuit Remands Habeas Case on Mental Competency Claim

The U.S. Court of Appeals for the Eleventh Circuit has remanded a habeas corpus case filed by pro se prisoner Lonnie Dawson, ruling that his claim of mental incompetency during his direct appeal cannot be procedurally defaulted. The appeals court did not reach the merits but ordered the district court to address the substantive competency claim.

•District court must now address the substantive merits of Dawson's competency claim on remand

•Eleventh Circuit reversed district court's dismissal of wheelchair-bound inmate's lawsuit against prison nurse

11th Circuit Reverses Dismissal of Inmate's ADA Lawsuit Against Nurse

The U.S. Court of Appeals for the Eleventh Circuit reversed a district court's dismissal of an inmate's lawsuit against a prison nurse for alleged medical negligence and Americans with Disabilities Act violations. The appeals court found the lower court erred in dismissing the case under the Prison Litigation Reform Act.

•Case involves denial of lapboard accommodation and alleged deliberate indifference to medical needs

2w ago•2 min read

•Federal prisoner David A. Diehl lost his civil rights lawsuit against prison officials on appeal

11th Circuit Rejects Prisoner's Claims Over Cellmate Violence

The U.S. Court of Appeals for the Eleventh Circuit affirmed lower court rulings dismissing federal prisoner David A. Diehl's civil rights lawsuit against prison officials. Diehl alleged negligent cellmate assignment and excessive force through pepper spray use following an attack by his cellmate.

•The Eleventh Circuit affirmed dismissal of claims for negligent cellmate assignment and excessive force via pepper spray

•Three families sued the US government after children suffered abuse at federal childcare center

11th Circuit Vacates Dismissal in Child Abuse Case Against US

The Eleventh Circuit Court of Appeals vacated a district court's dismissal of claims against the United States by three families whose children suffered abuse at a government-owned childcare center. The appeals court found the lower court erred in applying sovereign immunity protections under the Federal Tort Claims Act.

•District court dismissed claims under Federal Tort Claims Act intentional tort exception

•Eleventh Circuit affirmed criminal convictions of multiple defendants from Southern District of Florida

11th Circuit Affirms Criminal Convictions in Multi-Defendant Case

The U.S. Court of Appeals for the Eleventh Circuit issued a ruling Monday affirming criminal convictions against multiple defendants including Oscar Jose Carreno Fernandez and Luis Jose Alfonzo Rodriguez in a federal case from the Southern District of Florida. The consolidated appeals stemmed from a 2022 prosecution involving at least three defendants.

•Consolidated appeals involved Oscar Jose Carreno Fernandez, Luis Jose Alfonzo Rodriguez, and Jesus Alberto Hernande

•Eleventh Circuit affirmed dismissal of pro se inmate's Section 1983 lawsuit against private mental health professionals

11th Circuit Affirms Dismissal of Prisoner's Baker Act Challenge

The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court's dismissal of a pro se complaint filed by inmate Michael Wayne Hill against two mental health professionals. Hill alleged the defendants violated his Fourth Amendment rights under Section 1983 by certifying him for involuntary examination under Florida's Baker Act.

•District court correctly found defendants were not state actors required for federal civil rights liability

•Pro se plaintiff Junior Orlando Andrew lost his appeal against Waste Pro of Florida in the Eleventh Circuit

11th Circuit Affirms Dismissal of FLSA, Title VII Claims Against Waste Pro

The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court's dismissal of employment claims brought by Junior Orlando Andrew against his former employer, Waste Pro of Florida. Andrew, representing himself pro se, had alleged violations of the Fair Labor Standards Act regarding overtime pay and retaliation, as well as Title VII claims for race discrimination and hostile work environment.

•Claims included FLSA overtime violations, retaliation, and Title VII race discrimination allegations