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Circuit Splits from March 2026: Appellate Court Disagreements on Qualified Immunity, ADA, First Step Act

The Congressional Research Service published a Legal Sidebar summarizing circuit splits that emerged from U.S. Courts of Appeals decisions in March 2026. Three circuit conflicts are discussed: the Eleventh Circuit's split with the Fifth and Tenth Circuits on qualified immunity and personal liability under 42 U.S.C. § 1981 and the FMLA; the Eleventh Circuit's split with the Fifth Circuit on Olmstead claims under Title II of the ADA for individuals at risk of institutionalization; and the Second Circuit's split with the Ninth Circuit on whether First Step Act time credits can reduce the period of supervised release under 18 U.S.C. § 3632(d)(4). The report does not create new obligations but tracks appellate disagreement on federal law interpretation.

Alabama AG Petitions for Rulings in Delayed Capital Murder Cases

Alabama Attorney General Steve Marshall has petitioned the Eleventh Circuit Court of Appeals to compel federal district courts to rule on four capital murder cases that have been pending for years. These petitions aim to end what the AG describes as systemic delays in the state's criminal justice system, impacting cases dating back to 2010.

Ernst & Young LLP v. Louisiana Office of Financial Institutions - Res Judicata Exception Reversed

The Louisiana Court of Appeal, First Circuit granted Ernst & Young LLP's supervisory writ and reversed the trial court's grant of the Louisiana Office of Financial Institutions' exception of res judicata. The appellate court held that a federal court dismissal for lack of subject matter jurisdiction (Eleventh Amendment sovereign immunity) does not constitute a final judgment on the merits and therefore does not bar the state court action. The case was remanded for the trial court to rule on remaining exceptions and Ernst & Young's motion to order disclosures.

Alabama AG Defends Death Row Convictions in Two Triple-Homicide Cases

Alabama AG Steve Marshall announced successful defense of death row convictions for James Brownfield (convicted of 2001 triple homicide in Jackson County) and Kerry Spencer (convicted of 2004 murders of three Birmingham police officers). Federal courts dismissed both inmates' petitions challenging their convictions and sentences after the AG petitioned the Eleventh Circuit to end years of delays.

Eleventh Circuit Reinstates Death Sentence for Marcus Williams

Alabama Attorney General Steve Marshall announced that the U.S. Court of Appeals for the Eleventh Circuit reinstated Marcus Bernard Williams' death sentence on April 3, 2026. The court reversed a prior order vacating the sentence, which had been based on a failed defense strategy involving 'hypersexuality' as a mitigating factor. The Eleventh Circuit agreed with the State's argument that pursuing such a defense would have opened the door to evidence of another sexual assault.