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Karen Perezv.Michael Suszczynski

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-13619
DecidedJanuary 12, 2016
Reporter809 F.3d 1213
JudgesCircuit Judges Stanley Marcus and Charles R. Wilson, and District Judge Harvey E. Schlesinger (sitting by designation); Wilson authored
Tags
CivilCivil RightsSection 1983Fourth AmendmentQualified ImmunitySummary Judgment
Case Summary

Karen Perez, representing Victor Arango’s estate, sued Palm Beach County deputy Michael Suszczynski under 42 U.S.C. § 1983 for excessive force. On interlocutory appeal from denial of qualified-immunity summary judgment, the Eleventh Circuit viewed disputed facts in the Estate’s favor. Under that account, Arango was prone, compliant, and unarmed after a deputy had removed his gun when Suszczynski shot him twice in the back at close range. The court held that shooting a compliant, nonresisting person in those circumstances was obviously unreasonable and violated clearly established Fourth Amendment law, so Suszczynski was not entitled to qualified immunity on the assumed facts. The court affirmed the denial of summary judgment, explaining that disputed facts might ultimately be resolved in the officer’s favor but could not be resolved on interlocutory appeal.

Opinion

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