Date: 10-24-2024

Case Style:

Aishly Foy v. Sheriff of Jefferson County, Alabama, et al.

Case Number: 2:19-CV-1887

Judge: Not Available

Court: United States District Court for the Northern District of Alabama (Jeffreson County)

Plaintiff's Attorney:

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Defendant's Attorney: Not Avaiable

Description:

Birmingham, Alabama civil rights lawyer represented the Plaintiff who sued the Defendants who he claimed violated his constitutional rights.

The defendants moved for summary judgment based on qualified immunity.

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Consent under § 636(c) may be express written or oral consent or inferred from a party's conduct. Roell v. Withrow, 538 U.S. 580, 590 (2003). For example, in Roell, the Supreme Court concluded that two defendants who never filed explicit written consent nevertheless implicitly consented by participating in the proceedings without objection up through a jury trial and final judgment after they were notified that they could refuse magistrate judge jurisdiction. Id. at 582-87, 590; see also Chambless v. Louisiana-Pacific Corp., 481 F.3d 1345, 1350-51 (11th Cir. 2007) (concluding that party implicitly consented under § 636(c) where party understood the consent procedure and participated in pretrial proceedings before a magistrate judge for eight months before objecting for the first time).

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Foy v. Sheriff of Jefferson Cnty., 23-11302 (11th Cir. Oct 24, 2024)

Outcome: Accordingly, this appeal is DISMISSED IN PART for lack of jurisdiction as to Agee and Scott and any arguments the Pettway Defendants raise on behalf of the Maddox Defendants. The appeal may otherwise proceed.

Plaintiff's Experts:

Defendant's Experts:

Comments: