Morton v. Kirkwood, No. 12-11436 (11th Cir. 2013)
Annotate this CasePlaintiff sued a police officer for damages under 42 U.S.C. 1983, alleging that the officer used excessive force in violation of the Fourth Amendment. The officer shot plaintiff seven times while plaintiff was in his car. The officer and the city police department subsequently appealed the district court's denial of the officer's motion for summary judgment on the basis of qualified immunity. The court concluded that the officer was not entitled to qualified immunity where no reasonable police officer would have used deadly force against plaintiff and where clearly established law gave the officer fair notice that his actions violated the Fourth Amendment. Further, state agent immunity did not apply to the assault and battery claim. Accordingly, the court affirmed the judgment.
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