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CARR v. TATANGELO

No. 01-14621.

338 F.3d 1259 (2003)

Romeo CARR, Cedrick Wymbs, Plaintiffs-Appellants, v. Joseph TATANGELO, in his individual capacity, Anthony Fortson, in his individual capacity, Damien Mercer, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended September 29, 2003.

Attorney(s) appearing for the Case

Samuel Lydell Starks, Edward T.M. Garland, Garland, Samuel & Loeb, P.C., Atlanta, GA, for Plaintiffs-Appellants.

Alan J. Gibson, Joseph C. Parker, Downey & Cleveland, LLP, William Casey, Lisa K. Whitfield, Marietta, GA, for Defendants-Appellees.

Before BIRCH and DUBINA, Circuit Judges, and KATZ, District Judge.

BIRCH, Circuit Judge:

In this appeal, we determine whether police officers are entitled to qualified immunity when an individual was shot in the course of surveillance. The district court accorded the officers qualified immunity. We affirm.

I. BACKGROUND

In the early morning hours of Sunday, October 24, 1999, in Monroe, Georgia, defendants-appellees, Officers Joseph Tatangelo, Anthony Fortson, and Damien...

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