Publication Date


Document Type

Survey Article


During the 1991 survey period, the United States Court of Appeals for the Eleventh Circuit continued to struggle with the application of the qualified immunity defense in civil rights actions. Although the court failed to resolve the intracircuit conflict on this issue, the court's opinions did solidify its various approaches to application of the doctrine.

On substantive issues, the court was asked to clarify the constitutionality of governmental action on the controversial issue of AIDS, in both the public employment and custodial contexts. In four cases involving minority set aside and affirmative action programs, the court reinforced standing requirements to assert challenges of reverse discrimination. The court also issued significant decisions concerning governmental regulation of employee speech on matters of public concern.