# Keith Small v. Glynn County, Georgia

> Court of Appeals for the Eleventh Circuit · March 18, 2015 · 598 F. App'x 752

URL: https://www.frixlaw.com/law-library/cases/2787006

## Case

- **Full name:** 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
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** March 18, 2015
- **Citations:** 598 F. App'x 752
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Hull, Rosenbaum, Pryor
- **Nature of suit:** NEW
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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[DO NOT PUBLISH]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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2787006. Public record. Not legal advice.