Read Reese v. Herbert, 06-14231

In a 42 U.S.C. section 1983 action for damages wherein plaintiff alleged various claims of police misconduct in arresting him, order denying plaintiff's motion to leave to file a second amended complaint and disallowing an expert witness affidavit is affirmed, but summary judgment for defendant on basis of qualified immunity is reversed where: 1) the additional utility extracted from reviewing defendants' records and consulting an expert did not justify plaintiff's delay in seeking leave to amend; 2) the expert affidavit was properly excluded, as plaintiff's failure to comply with Fed. R. Civ. Pro. 26 was both unjustified and harmful to the defendants; but 3) the district court erred by failing to review the full record on summary judgment and misapplied the legal standards for summary judgment.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, BLACK and EBEL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeffrey J. Dean, Waycaster, Morris & Dean, LLP, Dalton, GA, for Reese.


• For Appellees:
  
• Steven M. Rodham, Ronald R. Womack, The Womack Law Firm, P.C., Lafayette, LA, Tamara J. Wayland, Atlanta, GA, for Defendants-Appellees.