2d 889 (1968); United States v. Smith, 799 F.2d 704, 707 (11th Cir. After review, we affirm the district court's denial of summary judgment to Defendants on Plaintiffs' illegal stop claims but reverse the denial of summary judgment to Defendants on Plaintiffs' excessive force claims.
), cert.
Cefiar's topic in Welcome, IvanT replied to Officers Sauls and Pinckney had been disciplined for abusing their authority and failing to conform to directives arising from an incident during which they forced third parties to the floor for half an hour.3. However, Pinckney's use of deadly force as cover fire does help him.
See Graham, 490 U.S. at 396, 109 S. Ct. 1865.
Nonetheless, Defendants' version of events, if credited by a jury, establishes arguable reasonable suspicion for the stop. The new Meggitt Pro Image System at the Vance Outdoors Shooting Range in Obetz, Ohio is full of numerous features to hone your shooting skills. At approximately 11:00 a.m. on December 7, 1995, Plaintiffs Jackson, Wimbish, and Williams and their friend Corey Dean, young African-American males, were in Jackson's blue Pontiac 6000, bearing Georgia tag number 8BK94. We recognize Defendants' contention that Officer Sauls alone approached the Shop's doorway and ordered Plaintiffs to lie on the ground, while Officer Fields chased Corey Dean and Officer Pinckney radioed in the license plate check.
The three Plaintiffs and Dean got out of their car and walked into the Moto Cycle Shop to check on Jackson's motorcycle. 2d 315 (1997).
Whether arguable reasonable suspicion existed for Defendants' investigatory stop depends on whose version of events a jury believes. Officer Fields's positioning the gray Pontiac to impede the movement of the unoccupied blue Pontiac did not "seize" the Plaintiffs.
A further comparison: the San Jose (California) Police Department, which had approximately 1,200 sworn officers in 1996, received 198 unnecessary force complaints in 1994 and 122 in 1995. For summary judgment purposes, the facts are viewed in the light most favorable to the nonmoving party. Thus, the issue becomes whether Defendants' shooting in response to Stearns's shots was reasonable under the circumstances. United States Courts of Appeals, Court of Appeals for the Eleventh Circuit. See United States v. Hogan, 986 F.2d 1364, 1369 (11th Cir. Officer Sauls stood in the doorway facing the inside of the Shop. There was no physical evidence indicating that Jackson's blue Pontiac had been stolen, such as a broken window or broken ignition, nor was the door ajar.4 Officer Sauls also looked in the dumpster but did not find anything suspicious. Defendants also claim that the occupants in the bluePontiac looked around but tried not to make eye contact with Defendants. 1995) (holding that a claim that any force during a false arrest is excessive is subsumed in the false arrest claim itself because damages for false arrest include damages for use of force to effect that false arrest).19 However, as outlined below, a claim for excessive force during a legal stop or arrest is a discrete claim. Plaintiffs contend that Defendants' illegal stop set off and caused the chain reaction of Stearns's shooting and hitting Sauls, Sauls's shooting and hitting Wimbish, and Pinckney's shooting and killing Jackson.
1987). Plaintiffs, however, testified that the three officers approached the shop at the same time. Accord Motes v. Myers, 810 F.2d 1055, 1059 (11th Cir. 1986). At approximately 11:00 a.m. on December 7, 1995, Plaintiffs Jackson, Wimbish, and Williams and their friend Corey Dean, young African-American males, were in Jackson's blue Pontiac 6000, bearing Georgia tag number 8BK94. See Cottrell v. Caldwell, 85 F.3d 1480, 1487-88 (11th Cir.
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