Justin Hammett v. Paulding County, Georgia, et al, No. 16-15764 (11th Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 17, 2017.
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Case: 16-15764 Date Filed: 04/06/2018 Page: 1 of 2 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-15764 ________________________ D.C. Docket No. 4:14-cv-00260-HLM JUSTIN HAMMETT, as Administrator of the Estate of Daniel Hammett, Plaintiff - Appellant, versus PAULDING COUNTY, GEORGIA, CITY OF DALLAS, GEORGIA, NATHALIE D. WHITENER, in her individual capacity, JOEY HORSLEY, in his individual capacity, JOSEPH MAYFIELD, in his individual capacity, Defendants - Appellees, GARY GULLEDGE, in his individual capacity and his capacity as Sheriff of Paulding County, Georgia, et al., Defendants. Case: 16-15764 Date Filed: 04/06/2018 Page: 2 of 2 ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ Before JULIE CARNES AND BLACK, Circuit Judges, and WILLIAMS,* District Judge. PER CURIAM: The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure), the Petition(s) for Rehearing En Banc are DENIED.** The opinion and decision in this case do not decide that physical evidence could never sufficiently contradict sworn, eyewitness, personal-knowledge testimony so as to justify a denial of summary judgment. The inferences that might be reasonably drawn from the pertinent physical evidence here, however, are insufficient to support plaintiff’s theory about the shooting incident underlying this case. Plaintiff’s theory projects too far past the limits of the evidence that he has actually presented. ENTERED FOR THE COURT: ___________________________________ UNITED STATES CIRCUIT JUDGE _____________ * Honorable Kathleen M. Williams, United States District Judge for the Southern District of Florida, sitting by designation. ** Judge Williams would grant the motion for panel rehearing.
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