U.S. Court of Appeals for the Eleventh Circuit, 2010

Mary Jane Harris, Henry Harris, Jr. v. Augusta, Georgia, Ronald Strength

Mary Jane Harris, Henry Harris, Jr. v. Augusta, Georgia, Ronald Strength
U.S. Court of Appeals for the Eleventh Circuit · Decided May 26, 2010

Mary Jane Harris, Henry Harris, Jr. v. Augusta, Georgia, Ronald Strength

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT AUGUST 26, 2010 No. 10-12045 JOHN LEY Non-Argument Calendar CLERK ________________________ D. C. Docket No. 1:06-cv-00202-JRH-WLB MARY JANE HARRIS, HENRY HARRIS, JR., PlaintiffsAppellants, versus AUGUSTA, GEORGIA, RONALD STRENGTH, individually and in his official capacity as Sheriff of Richmond County, JIMMY WYLDS, individually as Supervisor of Deputy Charles McDowell and in his official capacity as an officer of the Richmond County Sheriff’s Office, CHARLES MCDOWELL, individually and in his official capacity as an officer of the Richmond County Sheriff’s Office, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (August 26, 2010) Before DUBINA, Chief Judge, TJOFLAT and ANDERSON, Circuit Judges.

PER CURIAM: Appellants Mary Jane and Henry Harris appeal from the district court’s grant of summary judgment in favor of the City of Augusta, Georgia, Richmond County Sheriff Ronnie Strength, and Officer Jimmy Wylds. The Appellants’ brought federal claims pursuant to 42 U.S.C. § 1983 and state law claims for negligence, negligent retention, negligent training and supervision, and loss of consortium. Both the federal and state claims were brought in connection with another officer’s handling of an alleged noise ordinance violation at the Appellants’ home.1 After reviewing the record and the parties’ briefs, we affirm based on the well-reasoned Order entered by the district court on April 1, 2008.

AFFIRMED.

Deputy Charles McDowell, the officer at the scene, was terminated following an investigation into Harris’s allegations. The complaint named McDowell as a co-defendant, but after he failed to answer the complaint, default was entered against him. He has not filed an appeal.

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