Keith Small v. Glynn County, Georgia

U.S. Court of Appeals for the Eleventh Circuit March 18, 2015

Keith Small v. Glynn County, Georgia, 598 F. App'x 752 (11th Cir. 2015)

Opinion

PER CURIAM:

We affirm the district court’s grant of qualified immunity for the reasons articulated in its summary judgment order, Small v. Glynn Cnty., Ga., No. CV 212-115, — F.Supp.3d —, 2014 WL 4928877 (S.D.Ga. Sept. 30, 2014). We note that the district court expressly took care to construe the facts in the light most favorable to the plaintiffs. Accordingly, we agree with the district court that an “objectively reasonable official standing in the [officers’] place” would not have been on notice that using deadly force against Ms. Small “would be clearly unlawful given the circumstances.” See Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002).

AFFIRMED.

Reference

Full Case Name: Michael McGEHEE, as Authorized Representative of M.M., a Minor Child, Plaintiff, Keith Small, as Authorized Legal Representative of A.S., a Minor Child and as Representative of the Estate of Caroline Small, Alan Welch, as Guardian Ad Litem of M.M., Plaintiffs-Appellants, v. GLYNN COUNTY, GEORGIA, M. Todd Simpson, in Their Individual Capacities, Robert C. Sasser, in Their Individual Capacities, Defendants-Appellees
Status: Unpublished