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United States Court of Appeals, Eleventh Circuit.

Greg DYKSMA, Tammy Dyksma, Estate of Nicholas Dyksma, Plaintiffs-Appellees, v. Tommy PIERSON, Defendant-Appellant.

No. 18-13337

Decided: April 18, 2019

Before WILLIAM PRYOR, MARTIN, and NEWSOM, Circuit Judges. Craig Thomas Jones, Craig T. Jones, PC, Washington, GA, for Plaintiffs-Appellees Terry Eugene Williams, Jason C. Waymire, Williams Morris & Waymire, LLC, Buford, GA, for Defendant-Appellant

The parents of Nicholas Dyksma brought this action of behalf of themselves and Nicholas's estate against Harris County sheriff's deputy, Tommy Pierson, asserting violations of both federal law under 42 U.S.C. § 1983 and Georgia state law. Pierson appeals the district court's order issued July 16, 2018 denying in part his motion for summary judgment.

After careful review, we AFFIRM the district court's denial of Pierson's motion for summary judgment. For the reasons stated in the district court's opinion, we agree that Pierson is not entitled to qualified or official immunity.


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