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United States Eleventh Circuit


Oliver v. Fiorino, 08-15081

In a 42 U.S.C. section 1983 action alleging excessive force by police, denial of summary judgment on qualified immunity grounds to defendants is affirmed where the alleged repeated tasering of plaintiff's decedent into and beyond his complete physical capitulation was grossly disproportionate to any threat posed and was unreasonable under the circumstances.

Appellate Information

  • Decided 10/26/2009
  • Published 10/26/2009

Judges

  • MARCUS, Circuit Judge:, Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Paul E. Bross, Bross, Bross, Thomas & Savy, LC, Merritt Is., FL, for Oliver.

  • For Appellees:
  • Robert E. Bonner, Gail C. Bradford, Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Longwood, FL, for Defendants-Appellants.
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