Holland v. McDonald

U.S. Court of Appeals for the Eleventh Circuit
Holland v. McDonald, 300 F. App'x 648 (11th Cir. 2008)

Holland v. McDonald

Opinion of the Court

PER CURIAM:

This is an interlocutory appeal in which Officers Scott McDonald, Robert Mayer, Timothy Pugh, and Ed Leach (“Officers”), appeal the denial of their motion for summary judgment on the ground that Jon Tristan Holland’s excessive force claim *649against them is precluded by the defense of qualified immunity.

We have reviewed the record and considered the oral argument of counsel. Based thereupon, and accepting Holland’s version of the facts, as we must at this stage, we agree with the district court’s comprehensive order that disputed issues of material fact exist regarding the use of excessive force.

AFFIRMED.

Reference

Full Case Name
Jon Tristan HOLLAND, Plaintiff-Counter-Defendant-Appellee v. Scott MCDONALD, individually and in his official capacity as an officer with the Hoover Police Department, Robert Myer, individually and in his official capacity as a jailor for the City of Hoover, Defendants-Counter-Claimants-Appellants, Timothy Pugh, individually and in his official capacity as a jailor for the City of Hoover, Ed Leach, individually and in his official capacity as an officer with the Hoover Police Department, Robert Berry, etc., City of Hoover, a municipality organized under the laws of the State of Alabama, Defendant-Counter-Claimant
Status
Published