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Colin A. Edwardsv.Bryan C. Shanley, Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.11-11512
DecidedJanuary 12, 2012
Reporter369 F.3d 1270
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilCivil RightsFourth AmendmentSection 1983Qualified ImmunitySummary JudgmentReversalRemand
Case Summary

Colin Edwards alleged that Orlando police officers released a dog on him after a traffic stop and allowed it to keep biting his leg for five to seven minutes even after he lay prone, exposed his hands, and pleaded to surrender; he suffered serious muscle and tendon injuries. After Edwards pleaded no contest to fleeing or attempting to elude, he sued under 42 U.S.C. § 1983, claiming that Officer Shanley used excessive force and Officer Lovett failed to intervene, but the district court granted both officers summary judgment on qualified-immunity grounds. The Eleventh Circuit held that using the dog initially to track and subdue a fleeing suspect was reasonable, but that maintaining the attack after Edwards became compliant violated the Fourth Amendment and clearly established law under Priester. Because Lovett was present throughout the alleged attack and did not intervene, he likewise was not entitled to qualified immunity. The court reversed the summary-judgment ruling and remanded for further proceedings, while leaving the jury to assess disputed facts such as the attack’s duration.

Opinion

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