Hardigree v. Lofton, No. 19-13352 (11th Cir. 2021)
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Plaintiff filed suit against defendant, a police officer, under 42 U.S.C. 1983 and Georgia state laws, alleging claims for unlawful entry, false arrest, excessive force, malicious prosecution, false imprisonment, assault, and battery. Plaintiff's claim arose from an August 4, 2016, interaction with defendant and other officers at his mobile home where defendant deployed his taser on plaintiff and plaintiff was arrested and charged with disorderly conduct, obstruction, and simple battery, which were eventually dismissed.
The Eleventh Circuit concluded that the facts of this case are heavily disputed and there are genuine issues of material fact as to whether defendant lawfully entered plaintiff's home. Therefore, summary judgment was improper and the court reversed the district court's grant of summary judgment to plaintiff on the unlawful entry claim. The court also concluded that disputed facts exist as to the remaining claims. Therefore, because genuine issues of material fact prevent finding for defendant as a matter of law, the court affirmed the district court's denial of summary judgment, qualified immunity, and official immunity on all other claims.
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