# Floyd D. Manning v. Steve Wilson

> Court of Appeals for the Eleventh Circuit · February 23, 2007 · 228 F. App'x 836

URL: https://www.frixlaw.com/law-library/cases/51442

## Case

- **Full name:** Floyd D. MANNING, Plaintiff-Appellee, v. Steve WILSON, Sheriff, Walker County, Georgia, in His Official and Individual Capacity, Et Al., Defendants, Ron Clark, Deputy Sheriff, Walker County, Georgia, in His Official and Individual Capacity, Pamela S. Pangle, Parole Officer, State Board of Pardons and Paroles, Walker County, Georgia, in Her Official and Individual Capacity, Defendants-Appellants
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** February 23, 2007
- **Citations:** 228 F. App'x 836
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Black, Barkett, Marcus
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/51442

## Opinion text

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-13856 FEBRUARY 23, 2007
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK

D. C. Docket No. 05-00183-CV-RLV-4

FLOYD D. MANNING,
Plaintiff-Appellee,

versus

STEVE WILSON,
Sheriff, Walker County, Georgia,
in his Official and Individual Capacity, et al.,
Defendants,

RON CLARK,
Deputy Sheriff, Walker County, Georgia,
in his Official and Individual Capacity,
PAMELA S. PANGLE,
Parole Officer, State Board of Pardons and
Paroles, Walker County, Georgia, in her Official
and Individal Capacity,

Defendants-Appellants.

________________________

Appeals from the United States District Court
for the Northern District of Georgia
_________________________

(February 23, 2007)
Before BLACK, BARKETT and MARCUS, Circuit Judges.

PER CURIAM:

Ron Clark and Pamela Pangle appeal from an adverse summary judgment

denying them qualified immunity from Floyd Manning’s claim under 42 U.S.C.

§ 1983 that Clark and Pangle violated his Fourth and Fourteenth Amendment right

to be free from unreasonable searches and seizures. In our de novo review of the

district court’s ruling, we first resolve all issues of material fact in favor of the

plaintiff, and then proceed to the legal question of whether the defendant is entitled

to qualified immunity under his version of the facts. Lee v. Ferraro, 284 F.3d

1188, 1190 (11th Cir. 2002). Under Manning’s version of the relevant facts, Clark

and Pangle “jimmied” the front lock of his house and searched the premises

without a warrant, and in the absence of any exigent circumstances. If proven at

trial, these facts would compel the conclusion that Clark and Pangle, acting in a

discretionary capacity, committed a “clearly established” constitutional violation,

Crosby v. Monroe County, 394 F.3d 1328, 1332 (11th Cir. 2004). Therefore, they

are not entitled to qualified immunity and the judgment of the district court is

AFFIRMED.

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/51442. Public record. Not legal advice.