Justia Civil Rights Opinion Summaries

The Eleventh Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254 to petitioner, who was convicted and sentenced to death for the kidnapping, forcible rape, and malice murder of two little girls. At issue was whether the lawyers who represented petitioner at the 1999 retrial deprived him of his constitutional right to the effective assistance of counsel in failing to attain and present mitigation evidence.The court held that, on this record, it would be hard put to say that the district court erred in rejecting petitioner's Fetal Alcohol Spectrum Disorder claim. Furthermore, petitioner failed to demonstrate that defense counsel's conduct in connection with the retrial of the penalty phase fell below Strickland v. Washington's performance standard. As for its prejudice standard, the court held that a retrial of the penalty phase would result in the same verdict, a death sentence. View "Presnell v. Warden" on Justia Law

The Eleventh Circuit affirmed the district court's denial of habeas relief to petitioner under 28 U.S.C. 2254. Petitioner was sentenced to death for three murders and two attempted murders of two young children. Petitioner alleged that trial counsel were constitutionally ineffective at sentencing because they relied on residual doubt and because they failed to investigate and present additional mitigating evidence concerning petitioner's childhood, substance abuse, and cognitive deficits.The court held that counsels' performance was not constitutionally deficient. Furthermore, the state court's determination that petitioner suffered no prejudice on account of any alleged deficiencies in the performance of his counsel was neither contrary to nor an unreasonable application of clearly established law, nor was it based on an unreasonable determination of the facts in light of the evidence presented. View "Franks v. GDCP Warden" on Justia Law

The Eleventh Circuit affirmed the district court's denial of federal habeas corpus relief. Petitioner was sentenced to death for malice murder, felony murder, aggravated battery, aggravated sodomy, kidnapping with bodily injury, and aggravated assault.The court held that petitioner is not entitled to habeas relief based on the prosecution's use of peremptory strikes where the Georgia Supreme Court correctly applied the well-established burden-shifting framework, noting that the statistical disparities to which petitioner pointed were insufficient to establish a prima facie case absent "additional facts which may give rise to an inference of discriminatory purpose." The court rejected petitioner's claim of ineffective assistance of counsel during the penalty phase of trial and declined to disturb the state habeas court's conclusion that trial counsel's performance was not deficient. The court also held that the district court did not err in denying petitioner's claim of juror misconduct where he failed to exhaust, and thus has procedurally defaulted, his only argument for overcoming the original procedural default. Finally, for similar reasons, the court affirmed the district court's denial of petitioner's request for an evidentiary hearing. View "Ledford v. Warden, Georgia Diagnostic Prison" on Justia Law

The Eleventh Circuit vacated the district court's order dismissing plaintiff's complaint of malicious prosecution under the Fourth Amendment against defendant, a police officer. In order to succeed on plaintiff's malicious prosecution claim, plaintiff must prove (1) that defendant violated his Fourth Amendment right to be free from seizures pursuant to legal process and (2) that the criminal proceedings against plaintiff terminated in his favor.The court agreed with defendant that the district court correctly incorporated the dismissal order into plaintiff's complaint, but the court disagreed with defendant's argument that plaintiff did not receive a favorable termination. Even though the court considered the dismissal order, the court must construe the order in the light most favorable to plaintiff and resolve all reasonable inferences in his favor. When placed in that light, the court concluded that the order does not eliminate every reasonable inference that plaintiff received a favorable termination. In this case, the court can reasonably infer that plaintiff did not admit to felony murder during the hearing. View "Luke v. Gulley" on Justia Law

The people of Florida amended their state constitution to restore the voting rights of convicted felons. Before regaining the right to vote, felons must complete all the terms of their sentences, including imprisonment, probation, and payment of any fines, fees, costs, and restitution. Felons sued, challenging the requirement that they pay their fines, fees, costs, and restitution before regaining the right to vote. They alleged the requirement violated the Equal Protection Clause as applied to felons who cannot pay; imposed a tax on voting in violation of the Twenty-Fourth Amendment; was void for vagueness; and adopted requirements that make it difficult for them to determine whether they are eligible to vote. The district court permanently enjoined the condition's enforcement.The Eleventh Circuit reversed. States may restrict voting by felons in ways that would be impermissible for other citizens. Laws governing felon disenfranchisement and re-enfranchisement are generally subject to rational basis review; “reform may take one step at a time.” Florida has legitimate interests in disenfranchising convicted felons, even those who have completed their sentences, and in restoring felons to the electorate after justice has been done and they have been fully rehabilitated. Fines, which are paid to the government as punishment for a crime, and restitution, which compensates crime victims, are not taxes. Felons and law enforcement can readily discern exactly what conduct is prohibited: a felon may not vote or register to vote if he knows that he has failed to complete all terms of his criminal sentence. View "Jones v. Governor of Florida" on Justia Law

Plaintiff, a Georgia inmate at Baldwin State Prison, filed a pro se 42 U.S.C. 1983 complaint alleging, among other claims, that medical staff at the prison failed to give him proper medical treatment in violation of the Eighth Amendment. The district court dismissed plaintiff's claim based on his failure to exhaust administrative remedies.The Eleventh Circuit vacated and remanded for further proceedings on the availability of administrative remedies under Ross v. Blake, 136 S. Ct. 1850 (2016). Although the district court was correct to dismiss plaintiff's argument that his mental capacities made the grievance procedure unavailable, the court held that plaintiff's argument that misleading prison assistance caused his grievance errors should have been considered. In this case, plaintiff alleged and provided some evidence that he received misleading assistance in the prison grievance process. View "Geter v. Akunwanne" on Justia Law

Plaintiffs, former sex offenders and currently homeless residents of the County, filed suit alleging that County Ordinance No. 05-206, which restricts certain sex offenders from living within 2,500 feet of a school, violates the ex post facto clauses of both the federal and state constitutions because the residency restriction amounted to an impermissible retroactive criminal punishment.The Eleventh Circuit held that the district court did not abuse its discretion by denying plaintiffs' Federal Rule of Civil Procedure 15 motion to conform their pleadings to the evidence. The court explained that Rule 15(b) allows parties to add unpled issues to a case if those issues have been tried with the express or implied consent of the parties, but one must comply with the notice demands of procedural due process before an unpled issue can be added. In this case, plaintiffs failed to give fair notice to the County of their as-applied theory of relief, and the County says it would have defended the Ordinance differently had it known that plaintiffs sought this relief. View "John Doe #6 v. Miami-Dade County" on Justia Law

The Eleventh Circuit vacated its original opinion in this appeal and substituted in its place the following opinion.At issue is whether several voters and organizations may challenge in federal court a law that governs the order in which candidates appear on the ballot in Florida's general elections. Plaintiffs alleged that the law violates their rights under the First and Fourteenth Amendments because candidates who appear first on the ballot enjoy a "windfall vote" from a small number of voters who select the first candidate on a ballot solely because of that candidate’s position of primacy. The district court permanently enjoined the Secretary—and the 67 county Supervisors of Elections, none of whom were made parties to this lawsuit—from preparing ballots in accordance with the law.The court held that the voters and organizations lack standing to sue the Secretary because none of them proved an injury in fact. In this case, any injury they might suffer is neither fairly traceable to the Secretary nor redressable by a judgment against her because she does not enforce the challenged law. Rather, the Supervisors—county officials independent of the Secretary—are responsible for placing candidates on the ballot in the order the law prescribes. However, the district court lacked authority to enjoin those officials in this suit, so it was powerless to provide redress. The court also held, in the alternative, that the voters and organizations' complaint presents a nonjusticiable political question. The court explained that complaints of unfair partisan advantage based on the order in which candidates appear on the ballot bear all the hallmarks of a political question outside the court's competence to resolve. Accordingly, the court vacated and remanded with instructions to dismiss for lack of jurisdiction. View "Jacobsen v. Florida Secretary of State" on Justia Law

After Robert Earl Lawrence was shot and killed by a police officer while trying to return a stray dog to an animal shelter, the executor of his estate filed suit under 42 U.S.C. 1983 alleging excessive force in violation of the Fourth Amendment and asserting a state law claim for assault and battery.The Eleventh Circuit reversed the district court's grant of summary judgment to the officer, holding that, taking the facts in the light most favorable to plaintiff, a reasonable jury could find that the officer violated Lawrence's clearly established constitutional rights by shooting him. In this case, Lawrence was not committing a dangerous felony, or even a non-dangerous one. Rather, he was just trying to drop off at an animal shelter a stray dog he had found in a parking lot earlier that day. The court explained that the underlying crime for which he was being arrested was, at worst, driving without a license, the maximum punishment for which is a $100 fine; the only flight he engaged in was running around his car on two occasions when he managed to break loose from the officers who were trying to handcuff him; he did resist being handcuffed and arrested, but not violently; while being held by an officer who outweighed him by 75 pounds, another officer tased him at least twice in the abdomen; when he grabbed at the taser in an attempt to avoid being tased again, he and two of the three officers struggled over it, but Lawrence never gained control of it; and, at that point, the officer who had been tasing him let go of the taser, drew her firearm, and fatally shot him without warning, all in the space of three seconds. Therefore, the officer that shot Lawrence is not entitled to summary judgment based on qualified immunity or based on state agent immunity. View "Cantu v. City of Dothan" on Justia Law

Hepatitis C (HCV) is a bloodborne virus. Only about 1% of the general population suffers from HCV; its prevalence among prison inmates is much higher. HCV primarily attacks the liver, causing scarring, or “fibrosis,” which is measured from F0 (no fibrosis) to F4 (cirrhosis). Many people “spontaneously clear” HCV without treatment. HCV patients were previously prescribed weekly injections of Interferon, which caused unpleasant side effects, and succeeded in eradicating HCV only about 30% of the time. In 2013, a new HCV treatment became available—direct-acting antiviral (DAA) pills, with few side effects and a 95% cure rate. DAAs are very expensive.Chronic-HCV inmates incarcerated in Florida prisons filed a class action under 42 U.S.C. 1983, alleging deliberate indifference to inmates’ serious medical needs. Florida then hired Dr. Dewsnup, who had developed and implemented an HCV-treatment plan for the Oregon prison system. Florida adopted Dewsnup's proposal of providing DAAs for all inmates at level F2 and above and monitoring F0- and F1-level inmates and treating them with DAAs under certain circumstances. Ultimately, the court ordered DAA treatment of all F0s and F1s within two years of their initial staging. The Eleventh Circuit reversed. The state’s plan to monitor all HCV-positive inmates, including those who have not exhibited serious symptoms, and provide DAAs to anyone with an exacerbating condition, showing signs of rapid progression, or developing even moderate fibrosis, satisfies constitutional requirements. View "Hoffer v. Secretary, Florida Department Corrections" on Justia Law