United States Eleventh Circuit

Where the complaint alleged that the defendant had no probable cause to believe the deceased had committed a felony, and that he fired two mortal shots through a window without informing himself of what the deceased was doing, officer defendant, in his individual and official capacity, was not entitled to the defense of qualified immunity at pleading stage of the case.

Appellate Information

• Decided 03/22/2002
• Published 03/22/2002

Judges

• HILL, Circuit Judge:, Before WILSON, HILL and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert Woods Merkle,David J. Plante, Merkle & Magri, P.A., Tampa, FL, for Plaintiffs-Appellants.


• For Appellees:
  
• Richard Courtney McCrea, Jr., Ryan David Barack, Zinober & McCrea, P.A., Tampa, FL, for Defendants-Appellees.