April 12 -- 11th Circuit Decisions

A somewhat less momentous day for the 11th Circuit Court of Appeals, as it finishes off the post-spring break rush of opinions -- the Court affirmed a district court's grant of summary judgment against a Section 1983 plaintiff (Porter v. White), affirmed a district court's dismissal of a subsequent criminal case against a defendant on the ground that the government was collaterally estopped by an acquittal on a different charge in a prior case (U.S. v. Ohayon), and issued a revised opinion in a case involving Florida insurance law reconsidering its earlier grant of attorneys' fees under the statute (Dadeland Depot v. St. Paul Fire & Marine).

The Porter case holds that, although Brady is a strict-liability standard in the criminal or habeas context, it is not the standard in the Section 1983 context. More precisely, the evidence was that the police did not disclose exculpatory evidence to the prosecutor, but there was not evidence they withheld the evidence intentionally. When the exculpatory evidence came to light, the plaintiff's conviction was reversed based on violation of his due process rights (under Brady), and he was acquitted in a subsequent trial. However, the Eleventh Circuit held that, without evidence the police intentionally withheld the evidence from the prosecutor, the plaintiff could not proceed on a Section 1983 claim for deprivation of due process because Section 1983 requires more than mere negligence.

The Oyahon case involves a defendant who was acquitted of attempted drug distribution by a jury who evidently believed his argument that he did not know he was transporting drugs, but nevertheless hung on the drug conspiracy charge. The Eleventh Circuit affirmed the district court's determination that the acquittal as to attempted drug distribution barred a retrial on the drug conspiracy charge.  See Howard Bashman's How Appealing for more commentary on this case...