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McCORMICK v. CITY OF FORT LAUDERDALE

No. 01-16567.

333 F.3d 1234 (2003)

Anthony McCORMICK, Plaintiff-Appellant, v. CITY OF FORT LAUDERDALE, Jonathan Welker, Officer, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 11, 2003.

Attorney(s) appearing for the Case

Scott Alan Orth, Miami, FL, for Plaintiff-Appellant.

Hal B. Anderson, Clark J. Cochran, Jr., Billing, Cochran & Heath, Alain E. Boileau, Dieter K. Gunther, Adorno & Zeder, P.A., Fort Lauderdale, FL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and POGUE, Judge.

PER CURIAM:

This appeal is about the use of force to make an arrest.

Plaintiff Anthony McCormick was pepper-sprayed and shot by Police Officer Jonathan Welker when Officer Welker attempted to arrest McCormick for aggravated battery. McCormick sued the City of Fort Lauderdale (City) and Officer Welker for, among other things, unlawful arrest and excessive force. The district court granted summary judgment in favor of the City and Officer Welker because the...

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