Tiedric Hurston v. City of Lagrange, Georgia, et al., No. 13-10923 (11th Cir. 2014)
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Case: 13-10923 Date Filed: 02/18/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-10923 ________________________ D.C. Docket No. 3:12-cv-00058-TCB TIEDRIC HURSTON, Plaintiff - Appellant, versus CITY OF LAGRANGE, GEORGIA, LOUIS M. DEKMAR, in his official and individual capacity as Chief of Police for the City of LaGrange, K-9 UNIT 323, OFFICER M. BARTON, Individually and in his official capacity, OFFICER PATTEN, Individually and in his official capacity, JOHN DOE, In his official and individual capacity, Defendants - Appellees. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (February 18, 2014) Case: 13-10923 Date Filed: 02/18/2014 Page: 2 of 2 Before TJOFLAT, WILSON and RIPPLE, Circuit Judges. PER CURIAM: Tiedric Hurston filed a complaint for damages against Corporal Barton, Officer Patton, and Chief Louis Dekmar of the City of LaGrange Police Department alleging violations of his constitutional rights under 42 U.S.C. ยง 1983. Hurston alleged that Officer Barton used excessive force in violation of the Fourth Amendment after searching for Hurston pursuant to a felony warrant, and that Barton permitted a K-9 to attack him after he was handcuffed. The district court, applying Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865 (1989), concluded that Barton s use of force was objectively reasonable, granted him qualified immunity, and entered summary judgment on behalf of all Defendants. Hurston appeals. After considering the parties briefs and entertaining oral argument, we find no merit in the appeal, and therefore affirm the summary judgment. AFFIRMED. __________________________ *Honorable Kenneth F. Ripple, United States Circuit Judge for the Seventh Circuit, sitting by designation. 2
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