United States Eleventh Circuit

In a 42 U.S.C. section 1983 action based on the death of Plaintiff's decedent while being arrested by Defendant-Officers, summary judgment for Defendants based on qualified immunity is affirmed, where the officers' actions in restraining Plaintiff's decedent were not so violent and harsh to be considered an egregious violation of a constitutional right.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• GOLDBERG, Judge:, Before DUBINA and CARNES, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Matthew P. Farmer, Farmer & Fitzgerald, P.A., Ronald J. Kurpiers, II, Atty. at Law, Tampa, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Douglas Neil Yeargin and Elissa Dale Cohen, West Palm Beach, FL, Bradley Gerard Harper, Olds & Stephens, P.A., West Palm Beach, FL, for Defendants-Appellees.