Lisa Barnette v. City of Phenix City, No. 07-15356 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 07-15356 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT June 10, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 05-00473-CV-W-E LISA BARNETTE, JERRY BARNETTE, et al., Plaintiffs-Appellees, versus CITY OF PHENIX CITY, AL., OFFICER LAHR, OFFICER BAILEY, OFFICER NOLIN, OFFICER CAREANO, OFFICER BARR, GROVER GOODRICH, DEPUTY, HEATH TAYLOR, DEPUTY, Defendants-Appellants. Appeals from the United States District Court for the Middle District of Alabama (June 10, 2008) Before DUBINA and BARKETT, Circuit Judges, and SCHLESINGER*, District Judge. PER CURIAM: 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. * Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation. 2

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