Case: 18-13337 Date Filed: 04/18/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13337 Non-Argument Calendar ________________________ D.C. Docket No. 4:17-cv-00041-CDL

GREG DYKSMA, TAMMY DYKSMA, ESTATE OF NICHOLAS DYKSMA, Plaintiffs-Appellees,

versus

TOMMY PIERSON, Defendant-Appellant.

________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (April 18, 2019) Before WILLIAM PRYOR, MARTIN, and NEWSOM, Circuit Judges.

PER CURIAM: Case: 18-13337 Date Filed: 04/18/2019 Page: 2 of 2

The parents of Nicholas Dyksma brought this action of behalf of themselves and Nicholas’s estate against Harris County sheriff’s deputy, Tommy Pierson, asserting violations of both federal law under 42 U.S.C. § 1983 and Georgia state law. Pierson appeals the district court’s order issued July 16, 2018 denying in part his motion for summary judgment.

After careful review, we AFFIRM the district court’s denial of Pierson’s motion for summary judgment. For the reasons stated in the district court’s opinion, we agree that Pierson is not entitled to qualified or official immunity.