Opinion

Ricky Stephens v. Town of Butler Alabama

  • 261 F. App'x 240
Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 8, 2008
Status
Unpublished
On the bench
Birch, Dubina, Black
Cited by
1 cases
Authority
More cited than 46.8%

not selected for publication in the Federal Reporter

How later courts described this case

  • not selected for publication in the Federal Reporter

Written by the judges who cited it.

The opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

No. 07-12914 ELEVENTH CIRCUIT

JANUARY 8, 2008

Non-Argument Calendar

THOMAS K. KAHN

________________________

CLERK

D. C. Docket No. 05-00563-CV-KD

RICKY STEPHENS,

Plaintiff-Appellee,

versus

HENRY LOVETTE,

Defendant-Appellant.

________________________

Appeals from the United States District Court

for the Southern District of Alabama

_________________________

(January 8, 2008)

Before BIRCH, DUBINA and BLACK, Circuit Judges.

PER CURIAM:

Henry Lovette appeals the district court’s denial of his motion for summary

judgment in Ricky Stephens’ 42 U.S.C. § 1983 excessive force action against him.

Lovette asserts the district court erred in concluding he was not entitled to

qualified immunity. He specifically asserts the district court erred in concluding

that his conduct violated clearly established law under the Fourth Amendment

standard governing the treatment of arrestees. He contends the district court

should have analyzed his qualified immunity argument under the Fourteenth

Amendment, which governs the treatment of pretrial detainees. Alternatively, he

argues that even if his case is analyzed under the more stringent Fourth

Amendment standard, he is entitled to qualified immunity.

After a thorough analysis, the district court concluded Stephens’ excessive

force claim should be analyzed under the Fourth Amendment, and concluded that

Lovette was not entitled to qualified immunity. We have reviewed the record and

the parties’ briefs, and conclude the district court did not err in applying the

Fourth Amendment to Stephens’ excessive force claim and denying qualified

immunity to Lovette. Thus, we affirm.1

1

Lovette summarily argues the district court erred in denying discretionary function

immunity and peace officer immunity to him. We affirm the district court in the denial of

discretionary function immunity and peace officer immunity for the reasons stated in its order of

June 23, 2007.

2

AFFIRMED.

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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