United States Eleventh Circuit

On petitions for rehearing seeking clarification of reversal of summary judgment as to two of the defendants, district court's holding, that plaintiff could not prove a critical element of his case in terms of which officer actually inflicted excessive force upon him, is based upon an erroneous view of the law and is reversed. An officer who is present at a beating inflicted by another officer and fails to intervene may be held liable though he administered no blow.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• PER CURIAM:, Before TJOFLAT, CARNES and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Cullin Avram O'Brien, Florida Legal Serv., Miami, Beach, FL, for Velazquez.


• For Appellees:
  
• Jennifer Cohen Glasser, Akerman Senterfitt, Miami, FL, Christienne H. Sherouse, Anne Catherine Sullivan, Gaebe, Mullen, Antonelli, Esco & Dimatteo, Coral Gables, FL, for Defendants-Appellees.