11th Circuit affirms dismissal of Parkland shooting case

 Here's the opinion (which affirms Judge Bloom) by Chief Judge Pryor.  The intro:

This appeal requires us to decide whether the district court erred when it dismissed a civil-rights action filed by students present at the Parkland school shooting. The students sued Broward County and five public officials on the theory that their response to the school shooting was so incompetent that it violated the students’ substantive rights under the Due Process Clause of the Fourteenth Amendment to the Constitution. The district court dismissed this claim with prejudice because it was an impermissible  shotgun pleading and, in the alternative, because it failed to state a claim and leave to amend it would be futile. On the merits, the district court reasoned that because the students were not in a custodial relationship with the officials and failed to allege conduct by the officials that is “arbitrary” or “shocks the conscience,” the students could not maintain a claim that the officials violated their substantive right to due process of law. The students appeal this decision, but settled caselaw makes clear that official acts of negligence or even incompetence in this setting do not violate the right to due process of law.
Because we agree with the district court that the students failed to state a claim of a constitutional violation and that leave to amend would be futile, we affirm.

“Social media is mightier than Gov. DeSantis's guns“

 That’s the title of this piece I just wrote for The Hill.  You can read the whole thing here: https://thehill.com/opinion/criminal-justice/529939-social-media-is-mightier-than-gov-desantiss-guns

From the introduction:

You would think we’ve all gotten used to seeing crazy things caught on camera and posted to social media. But, no… it seems every day there’s something more outrageous and jaw-dropping than the day before. The insane video for this week shows law enforcement officers pointing guns at a scientist’s husband and two small children inside their home.

That’s right — a battery of police officers in bullet proof vests drew their guns at Rebekah Jones’s house on Monday morning while executing a search warrant to seize her electronics.

Jones, a former employee of Florida’s Department of Health, must have been suspected of some pretty bad stuff to necessitate this drastic action, right? Murder? RICO? Robbery?

Nope.

She has been accused of sending an unauthorized email to the State Emergency Response Team that said: “Speak up before another 17,000 people are dead. You know this is wrong. You don’t have to be a part of this. Be a hero. Speak out before it’s too late.” Jones denies sending the email. But even if there were irrefutable proof that she had, this “investigation” involved a non-violent “crime” and a non-violent “suspect.” I put those words in quotes because… come on. This doesn’t seem like a real investigation into a real crime. It seems a lot more like pay back (more of which in a moment). Even a high-ranking and life-long Republican stepped down from his political post because of this “case.”

Who will be the next U.S. Attorney in the SDFLA? (UPDATED)

 The rumors are already swirling around town.  But there doesn't seem to be any procedure in place for applying or for vetting.  And it's unclear how Sens. Rubio and Scott will work with the Biden White House on the U.S. Attorney (and on judges for that matter).  In any event, the names I've heard so far for for the next United States Attorney for the Southern District of Florida:

1.    Jackie Arango, partner at Akerman (former AUSA)

2.    David Buckner, partner at Bucker + Miles (former AUSA).

3.    Markenzy Lapointe, partner at Pillsbury (former AUSA).

4.    Curt Miner, partner at Colson Hicks (former AUSA).

5.     Andres Rivero, partner at Rivero Mestre (former AUSA).

6.     Joan Silverstein, current AUSA (chief of the criminal division).

UPDATED -- 7. Marianne Curtis, partner at Berger Singerman (former AUSA). 

I think that's a really good slate.  All extremely smart, respected, and qualified, with lots of experience.

Have you heard any other names?

11th Circuit makes quick work of election lawsuits

 Here’s one that was published over the weekend. Judges that were appointed by three different Presidents (including Trump SCOTUS short-lister Barbara Lagoa) ruled unanimously. Chief Judge William Pryor, another previous Trump short-lister for SCOTUS) wrote the majority. It starts like this:

This appeal requires us to decide whether we have jurisdiction over an appeal from the denial of a request for emergency relief in a post-election lawsuit. Ten days after the presidential election, L. Lin Wood Jr., a Georgia voter, sued state election officials to enjoin certification of the general election results, to secure a new recount under different rules, and to establish new rules for an upcoming runoff election. Wood alleged that the extant absentee-ballot and recount procedures violated Georgia law and, as a result, his federal constitutional rights. After Wood moved for emergency relief, the district court denied his motion. We agree with the district court that Wood lacks standing to sue because he fails to allege a particularized injury. And because Georgia has already certified its election results and its slate of presidential electors, Wood’s requests for emergency relief are moot to the extent they concern the 2020 election. The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts. We affirm

Greatest lineup ever

One of the fun parts of doing the podcast For the Defense is hearing follow-up stories about the lawyers and cases. I've received a lot of feedback on the Roy Black interview about the Luis Alvarez case.  

Here's one bit of information I did not know before the interview -- there was a photo lineup conducted where witnesses were asked to identify the shooter (Officer Alvarez).  Alvarez had a mustache, so the folks putting together the lineup got a bunch of pictures of police officers and others with mustaches.  But they needed one more (Alvarez is #4) and couldn't find a usable picture.  So they asked a familiar face to join the lineup in picture # 6 below:

Any guesses?  I'll put the answer in the comments so it's not spoiled here.