KENT v. Zachary Brown, Officer, Defendant-Appellant. (2018)

Deputy Zachary Brown appeals the district court's order denying him qualified immunity on Jermaine Kent's claim for excessive force. Following oral argument and a review of the record, we affirm. Viewing the facts in the light most favorable to Mr. Kent, we agree with the district court, see D.E. 73 at 7–10, that Deputy Brown is not entitled to qualified immunity. See, e.g., Saunders v. Duke, 766 F.3d 1262, 1268–70 (11th Cir. 2014); Brown v. City of Huntsville, 608 F.3d 724, 739–40 (11th Cir. 2010); Reese v. Herbert, 527 F.3d 1253, 1273–74 (11th Cir. 2008).

In this interlocutory appeal, Deputy Brown also seeks to appeal the ruling of the district court that Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), does not bar Mr. Kent's excessive force claim. We conclude that we lack jurisdiction to entertain this argument for the reasons set forth in Harrigan v. Metro Dade Police Department Station No. 4, 636 F. App'x 470, 476 (11th Cir. 2015), which we find persuasive. See also Limone v. Condon, 372 F.3d 39, 50–52 (1st Cir. 2004); Cunningham v. Gates, 229 F.3d 1271, 1285 (9th Cir. 2000).

AFFIRMED IN PART AND DISMISSED IN PART.

PER CURIAM: