terry's takes
Filtered by category: 1983 first amendmentMarch 16, 2024
11th circuit court of appeals, 1983 first amendment, first amendment true threatHoneyfund.com Inc. v. Governor
Florida’s ban on workplace meetings or trainings endorsing certain views on race, color, sex, or national origin (mostly trainings about white privilege or institutional racism or diversity initiatives) is a ban on speech and is unconstitutional.
read moreFebruary 28, 2024
11th circuit court of appeals, 1983 first amendmentSmart v. England
Learn about a recent Eleventh Circuit decision affirming qualified immunity for Alabama prison guards in a 42 U.S.C. §1983 case. The court upheld the dismissal of Germaine Smart's First Amendment retaliation claim, where he alleged that prison guard England sexually assaulted him during a pat-down search. Following an investigation, Smart was disciplined for lying, as his allegations were found unfounded. With this factual finding, the court ruled there was no constitutional violation or unreasonable conduct. Explore the details of this case and the implications for qualified immunity in prison settings
read moreMay 17, 2023
11th circuit court of appeals, 1983 eighth amendment, 1983 first amendmentHall v. Merola
this 37-page opinion was chock full of issues. apparently attempting to induce as many groans as possible, judge rosenbaum starts the opinion in this case by writing: “this is one heck of an appeal. that’s because resolution of the appeal turns in large...
read moreApril 4, 2023
11th circuit court of appeals, 1983 eighth amendment, 1983 first amendment, summary judgement standardWilliams v. Correctional Officer Radford, et. al
quincy williams is a florida prisoner. he alleges that he tried to mail legal mail on the last day it could be filed, a friday, but the mail official announced that she was leaving and he would have to wait until monday. because that would result in an ...
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