Published opinions from 2010. The case name opens the case page.
July 29, 2010612 F.3d 1160
The en banc court concluded that Irey’s 210-month sentence was substantively unreasonable because the district court gave inadequate weight to the gravity and circumstances of his crimes and relied heavily on his pedophilia and personal characteristics to justify a major downward variance.
The Eleventh Circuit held that § 1983 complaints involving qualified-immunity defenses are governed by the ordinary plausibility standard, not the circuit’s former heightened pleading rule, and that Randall adequately alleged a First Amendment claim based on his termination after deciding to run for office.
May 14, 2010605 F.3d 1283
The Eleventh Circuit affirmed dismissal of the dentists’ RICO and RICO-related claims. It concluded that the complaint did not plead particularized facts showing mail or wire fraud, and that its conclusory allegations and descriptions of parallel insurer conduct did not plausibly allege a RICO conspiracy.