United States Eleventh Circuit

In civil rights action involving deadly force, the Fourth Amendment, and qualified immunity, denial of defendants' motion to dismiss on qualified immunity grounds is reversed as Plaintiffs' complaint fails to state a claim for a violation of decedent's Fourth Amendment rights and the applicable law was not already clearly established at the pertinent time.

Appellate Information

• Decided 11/16/2007
• Published 11/16/2007

Judges

• EDMONDSON, Chief Judge:, Before EDMONDSON, Chief Judge, HULL, Circuit Judge, and FORRESTER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Bart Gregory Harmon, Kendrick Emerson Webb, Charles Richard Hill, Jr., Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellants., John Allen Brinkley, Brinkley & Chestnut, Huntsville, AL, Marc H. Bardack, Bovis, Kyle & Burch, LLC, Atlanta, GA, for Plaintiffs-Appellees.