United States Eleventh Circuit

In a pro-se civil action brought against defendant-sheriff's deputies for excessive force, denial of defendants' motion for summary judgment on grounds of qualified immunity, is vacated and the case is remanded where: 1) the district court erred by finding that defendant-deputies violated criminal-plaintiff's right to be free from excessive force; 2) it was objectively reasonable for defendant-deputy to use the canine to apprehend plaintiff, an armed robbery suspect who was actively fleeing from the police; and 3) because defendant-deputy did not use excessive force, defendant-fellow deputy had no obligation to intervene.

Appellate Information

• Decided 02/06/2009
• Published 02/06/2009

Judges

Court

• United States Eleventh Circuit

Counsel