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Barnette v. Phenix

United States Court of Appeals, Eleventh Circuit
Jun 10, 2008
280 F. App'x 935 (11th Cir. 2008)

Opinion

No. 07-15356.

June 10, 2008.

Jay (Joseph) Brady Lewis, Fred Lee Clements, Jr., Law Offices of Jay Lewis, LLC, Montgomery, AL, for Plaintiffs-Appellees.

Ronald Gregg Davenport, R. Brett Garrett, Rushton, Stakely, Johnston Garrett, PA, Bart Gregory Harmon, Webb Eley, P.C., Kendrick Emerson Webb, Montgomery, AL, for Defendants-Appellants.

Appeals from the United States District Court for the Middle District of Alabama. D.C. Docket No. 05-010473-CV-W-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.


Appellants bring this interlocutory appeal pursuant to 28 U.S.C. § 1291 and Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), challenging the district court's ruling denying them summary judgment by finding that they were not entitled to qualified immunity with respect to Appellee's claims brought under 42 U.S.C. § 1983.

After reviewing the record, reading the parties' briefs, and having the benefit of oral argument, we conclude that the district court did not err in denying Appellants' motion for summary judgment. Accordingly, the district court's ruling is

AFFIRMED.


Summaries of

Barnette v. Phenix

United States Court of Appeals, Eleventh Circuit
Jun 10, 2008
280 F. App'x 935 (11th Cir. 2008)
Case details for

Barnette v. Phenix

Case Details

Full title:Lisa BARNETTE, Jerry Barnette, et al., Plaintiffs-Appellees, v. CITY OF…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jun 10, 2008

Citations

280 F. App'x 935 (11th Cir. 2008)

Citing Cases

White v. McLain

445 F.3d 1323, 1331-32 (11th Cir. 2006). See also Barnette v. City of Phenix City, No. 3:05-CV-00473-WKW,…