Salvato v. Miley, No. 14-12112 (11th Cir. 2015)
Annotate this CaseJoshua Salvato's estate filed an excessive force suit under 42 U.S.C. 1983 for damages against a law enforcement officer in her individual capacity and the sheriff in his official capacity after Salvato was shot and killed by the officer following an attempt to arrest Salvato. The court concluded that, viewing the facts in the light most favorable to Salvato, it is clearly established that the officer’s use of deadly force was excessive and that she should have intervened against the sheriff's use of excessive force. The court affirmed the denial of the officer's motion for qualified immunity and remanded for further proceedings. However, because the record contains no evidence that the officer’s violation of Salvato’s federal civil rights was attributable to the sheriff where a single failure to investigate an incident is insufficient to establish ratification, the court reversed the denial of the sheriff’s motion for judgment as a matter of law and rendered a judgment in his favor on the claim of excessive force.
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