United States Eleventh Circuit

In an action bringing federal and state claims for false arrest and excessive force by the police, the district court's grant of summary judgment to defendants on the basis of qualified immunity and state-law immunity is affirmed in part where: 1) plaintiff's actions in playing loud music, stopping her car, and rolling her window down could have indicated to an objectively reasonable officer at the scene that plaintiff was making unreasonable noise with intent to create public annoyance; and 2) the district court did not err in granting qualified immunity to certain defendants because they did not participate in plaintiff's arrest and were not defendant-officer's supervisors. However, the order is reversed in part where a reasonable jury could conclude that defendant's actions in effecting the arrest constituted excessive force.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

• HULL, Circuit Judge:, Before HULL, WILSON and FARRIS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel