[DO NOT PUBLISH]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.

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