William Mobleyv.Palm Beach County Sheriff Department, et al.
William Mobley, a Florida inmate, brought two appeals from rulings on separate complaints asserting excessive force under section 1983. The Eleventh Circuit dismissed appeal No. 13-11972 as moot because the district court had corrected the order dismissing Mobley’s original complaint before that appeal was resolved. In companion appeal No. 13-15726, the court affirmed summary judgment for the officers on Mobley’s amended complaint. Applying the Fourth Amendment’s objective-reasonableness test, the court concluded that the force used during Mobley’s arrest was not objectively unreasonable under the circumstances and that the participating officers were entitled to qualified immunity. Because there was no underlying constitutional violation, officers who did not participate directly in the force had no duty to intervene. The court affirmed the summary judgment in No. 13-15726 while dismissing No. 13-11972 as moot.
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