United States Eleventh Circuit

In a 42 U.S.C. section 1983 and wrongful death action by the estate of a decedent against police deputies and the manufacturer of a Taser device used by police in apprehending decedent, summary judgment for defendants is affirmed where: 1) plaintiffs' statement of material facts accompanying their opposition to defendants' motion for summary judgment was convoluted, argumentative and nonresponsive, and thus the district court properly excluded it; 2) plaintiffs provided no admissible evidence to support their claim that use of the Taser caused the decedent's death; and 3) plaintiffs provided no evidence that defendants-deputies used excessive force or were deliberately indifferent to a serious medical need.

Appellate Information

• Decided 12/02/2009
• Published 12/02/2009

Judges

• FAY, Circuit Judge:, Before CARNES, FAY and ALARCÓN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Genevieve L. Fraizer, Office of Genevieve L. Frazier, Rome, GA, for Appellants.


• For Appellees:
  
• Joel G. Pieper, Jessie C. Fontenot, Jr., Womble, Carlyle, Sandridge & Rice, PLLC, Atlanta, GA, Terry Eugene Williams, Williams, Morris & Waymire, Kristina Hammer Blum, Terry E. Williams, & Associates, P.C., Buford, GA, for Appellees.