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MERCADO v. CITY OF ORLANDO

No. 04-13477.

407 F.3d 1152 (2005)

Ramon A. MERCADO, Plaintiff-Appellant, v. CITY OF ORLANDO, a municipal corporation and political subdivision of the State of Florida, Ramfis Padilla, Officer, individually and as an agent and employee of the City of Orlando and Orlando Police Department, and Christina Rouse, Officer, individually and as an agent and employee of the City of Orlando and Orlando Police Department, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 29, 2005.

Attorney(s) appearing for the Case

Frank T. Allen, The Allen Firm, P.A., Orlando, FL, for Plaintiff-Appellant.

Bruce Robert Bogan, Ian D. Forsythe, Hilyard, Bogan, Palmer, P.A., Orlando, FL, for Defendants-Appellees.

Before MARCUS, FAY and SILER, Circuit Judges.

SILER, Circuit Judge:

Plaintiff Ramon A. Mercado appeals the grant of summary judgment in favor of the defendants City of Orlando ("Orlando"), and police officers Ramfis Padilla and Christina Rouse on his 42 U.S.C. § 1983 claims for the use of excessive force when detaining him and preventing him from committing suicide.1 For the following reasons, we REVERSE and REMAND on the issue of qualified immunity with respect to Padilla and...

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