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U.S. Court of Appeals for the Eleventh Circuit (appeal from M.D. Fla.)

Schemel v. City of Marco Island

Is Marco Island's three-bridge ALPR network a Fourth Amendment search?

Docket

11th Cir. No. 25-13913

M.D. Fla. No. 2:22-cv-79-KCD-DNF

Judge
District: Judge Kyle C. Dudek (M.D. Fla.)
Where it stands
On appeal. District court dismissed the Fourth Amendment claim with prejudice on Oct 17, 2025 (2025 WL 2958798, Doc. 90).

Next · not settled

No argument date set

Fully briefed as of early 2026. Last docket activity: Jul 17, 2026 (City's Chatrie 28(j) response). No argument date set as of Sept 28, 2026.

Pending

  • 11th Circuit argument date and decision.
  • Whether the 11th Circuit applies Chatrie v. United States (SCOTUS June 29, 2026) to the three-bridge network.

Docket timeline

  1. 2025-10-17

    District court dismisses Fourth Amendment claim with prejudice; Florida state claims without prejudice (Doc. 90, 2025 WL 2958798).

  2. 2026-03-20

    City files 28(j) letter citing United States v. Porter, 170 F.4th 381 (5th Cir. Mar. 17, 2026) (entry 35).

  3. 2026-07-10

    Appellants (NCLA) file 28(j) letter citing Chatrie v. United States, No. 25-112 (U.S. June 29, 2026) (entry 48).

  4. 2026-07-17

    City files response to the Chatrie 28(j) letter (entry 49).

as of 2026-09-28

Entries in the record

Oct 17, 2025 · Marco Island, FLverifiedSchemel v. City of Marco Island: district court dismisses Fourth Amendment challenge to bridge ALPRs

Judge Kyle C. Dudek (M.D. Fla.) dismissed the Fourth Amendment claim with prejudice, and Florida state claims without prejudice. Schemel v. City of Marco Island, No. 2:22-cv-79-KCD-DNF, Doc. 90, 2025 WL 2958798 (M.D. Fla. Oct. 17, 2025).

Marco Island, Florida, operates ALPR cameras on the three bridges that connect the island to the mainland. Plaintiffs, represented by NCLA, argued the three-year data retention enables retrospective surveillance of everyone who crosses the bridges in violation of the Fourth Amendment. The case is on appeal in the Eleventh Circuit. 11th Cir. No. 25-13913.

How we know: District court opinion read directly. On appeal to 11th Circuit as of Sept 28, 2026.

Full record →carried forward