Opinion

Keith Small v. Glynn County, Georgia

  • 598 F. App'x 752
Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 18, 2015
Status
Unpublished
On the bench
Hull, Rosenbaum, Pryor
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

Case: 14-14456 Date Filed: 03/18/2015 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 14-14456

Non-Argument Calendar

________________________

D.C. Docket No. 2:12-cv-00115-LGW-JEG

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,

versus

GLYNN COUNTY, GEORGIA,

M. TODD SIMPSON,

in their individual capacities,

ROBERT C. SASSER,

in their individual capacities,

Defendants - Appellees.

Case: 14-14456 Date Filed: 03/18/2015 Page: 2 of 2

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(March 18, 2015)

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.

2

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