M.D. v. Smith

Full title: M.D., a minor, by and through his next friends and parents Carlton and…

Court: United States Court of Appeals, Eleventh Circuit

Date published: May 27, 2008

278 F. App'x 987 (11th Cir. 2008)

Opinion

No. 07-14540.

May 27, 2008.

Bart Gregory Harmon, Webb Eley, P.C., Montgomery, AL, for Plaintiff-Appellee.

Dwayne Lamar Brown, Law Office of Dwayne L. Brown, P.C., Montgomery, AL, for Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Alabama. D.C. Docket No. 04-00877-CV-T-E.

Before DUBINA and BARRETT, Circuit Judges, and SCHLESINGER,^_ District Judge.

_ Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation.

PER CURIAM:

Appellant, Deputy Sheriff Lloyd Smith ("Deputy Smith"), appeals the district court's summary judgment order denying Smith qualified immunity on M.D.'s claim of excessive force in violation of his Fourth Amendment right. The issue presented on appeal is whether the district court erred in denying Deputy Smith's motion for summary judgment on M.D.'s excessive force claim. We review de novo a district court's order on summary judgment. Skop v. City of Atlanta, GA., 485 F.3d 1130, 1136 (11th Cir. 2007).

After reviewing the record, reading the parties' briefs and having the benefit of oral argument, we affirm the district court's order denying summary judgment based on its well-reasoned memorandum opinion filed on August 27, 2007, 504 F.Supp.2d 1238.

AFFIRMED.