Publication Date


Document Type

Survey Article


During the 1995 survey period, the United States Court of Appeals for the Eleventh Circuit ("Eleventh Circuit" or "Court") was influenced by the Supreme Court of the United States (the "Supreme Court"), application of the effect of its earlier decisions, and a number of cases of first impression. The Court was required to modify its long-standing practices of pendent appellate jurisdiction and scope of review in cases involving qualified immunity defenses. The Supreme Court's refinement of the definition of "deliberate indifference' influenced several of the Court decisions relating to the Cruel and Unusual Punishments Clause of the Eighth Amendment. The Court considered several cases of first impression relating to consent searches, constitutionality of anti-nepotism policies, and the relationship of substantive due process considerations to involuntary resignations. One of the Court's major cases4 of the 1994 survey period was applied in a variety of settings during the 1995 survey period.