Summary
recognizing the risk that a plaintiff who is evading arrest, fleeing, and driving aggressively can be a threat to an officer inside of his patrol car, and noting that the officer in the patrol car feared being hit by the plaintiff's car
Summary of this case from Bolton v. WoodOpinion
No. 14-14456
03-18-2015
MICHAEL MCGEHEE, as authorized representative of M.M., a minor child, Plaintiff, KEITH SMALL, as authorized legal representative of A.S., a minor child and as representative of the Estate of Caroline Small, ALAN WELCH, as guardian ad litem of M.M., Plaintiffs - Appellants, v. GLYNN COUNTY, GEORGIA, M. TODD SIMPSON, in their individual capacities, ROBERT C. SASSER, in their individual capacities, Defendants - Appellees.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 2:12-cv-00115-LGW-JEG Appeal from the United States District Court for the Southern District of Georgia Before HULL, ROSENBAUM and JILL PRYOR, Circuit Judges. PER CURIAM:
We affirm the district court's grant of qualified immunity for the reasons articulated in its summary judgment order, Small v. Glynn Cnty., Ga., No. CV 212-115, 2014 WL 4928877 (S.D. Ga. Sept. 30, 2014). We note that the district court expressly took care to construe the facts in the light most favorable to the plaintiffs. Accordingly, we agree with the district court that an "objectively reasonable official standing in the [officers'] place" would not have been on notice that using deadly force against Ms. Small "would be clearly unlawful given the circumstances." See Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002).
AFFIRMED.