[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 07-12416 March 17, 2008 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 05-00397-CV-OC-10GRJ MARGA TAYLOR, as Personal Representative of the Estate of Earl C. Hitchcock, Plaintiff-Appellee, versus ED DEAN, individually, and in his official capacity as Sheriff of Marion County, Florida, et al., Defendants, JOHNNY PAPPAS, individually, and in his official capacity as Deputy Sheriff of Marion County, Florida, Defendant-Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (March 17, 2008) Before HULL and WILSON, Circuit Judges, and EDENFIELD,* District Judge.

PER CURIAM: After review and oral argument, we find no reversible error in the district court’s May 17, 2007 order denying summary judgment to defendant-appellant Johnny Pappas.

AFFIRMED.

* Honorable B. Avant Edenfield, United States District Judge for the Southern District of Georgia, sitting by designation.