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Publication Date

7-1995

Document Type

Survey Article

Abstract

During the 1994 survey period, the United States Court of Appeals for the Eleventh Circuit experienced a period of consolidation and clarification in constitutional civil law. The application of the clearly established law test in qualified immunity determinations has become more consistent, favoring a fact-specific, circuit-based precedent rather than the more generalized test sometime applied by individual panels.

Several cases with constitutional implications were revisited en banc during the survey period producing a variety of results. In public employment cases and land use cases involving state created property rights, the Eleventh Circuit has retrenched and virtually abandoned any recognition of the Substantive Due Process Clause of the Fourteenth Amendment. Fourth Amendment seizure issues continued to be refined during the survey period. The output of the court in terms of civil constitutional law appeared to be less voluminous compared to other survey periods, however, that result is partially attributable to the consolidation process which 1994 represented.

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