Jon Tristan Holland v. Scott McDonald, No. 08-10057 (11th Cir. 2008)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-10057 ________________________ NOV 13, 2008 THOMAS K. KAHN CLERK D.C. Docket No. 05-01968-CV-IPJ JON TRISTAN HOLLAND, PlaintiffCounter-DefendantAppellee, versus SCOTT MCDONALD, individually and in his official capacity as an officer with the Hoover Police Department, ROBERT MYER, individually and in his official capacity as a jailor for the City of Hoover, DefendantsCounter-ClaimantsAppellants, TIMOTHY PUGH, individually and in is official capacity as a jailor for the City of Hoover, ED LEACH, individually and in his official capacity as an officer with the Hoover Police Department, Defendants-Appellants, ROBERT BERRY, etc., et al., Defendants, CITY OF HOOVER, a municipality organized under the laws of the State of Alabama, DefendantCounter-Claimant. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (November 13, 2008) Before BARKETT and WILSON, Circuit Judges, and POGUE,* Judge. PER CURIAM: This is an interlocutory appeal in which Officers Scott McDonald, Robert Mayer, Timothy Pugh, and Ed Leach ( Officers ), appeal the denial of their motion for summary judgment on the ground that Jon Tristan Holland s excessive force claim against them is precluded by the defense of qualified immunity. We have reviewed the record and considered the oral argument of counsel. * Honorable Donald C. Pogue, United States Court of International Trade, sitting by designation. 2 Based thereupon, and accepting Holland s version of the facts, as we must at this stage, we agree with the district court s comprehensive order that disputed issues of material fact exist regarding the use of excessive force. AFFIRMED 3
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