M.D. Ex Rel. Daniels v. Smith

278 F. App'x 987

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 27, 2008
• Docket: 07-14540
• Status: Unpublished

Opinion

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 ei’red 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.