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SALVATO v. MILEY

Nos. 14-12112, 14-13424.

790 F.3d 1286 (2015)

Vincent SALVATO, as Personal Representative of the Estate of Joshua Salvato, for the benefit of Vincent Salvato, surviving parent, Ana Rodriguez, surviving parent, Plaintiff-Appellee, v. Deputy Lauren MILEY, in her individual capacity, Defendant-Appellant. Vincent Salvato, as Personal Representative of the Estate of Joshua Salvato, for the benefit of Vincent Salvato, surviving parent, Ana Rodriguez, surviving parent, Plaintiff-Appellee, v. Chris Blair, in his official capacity as Sheriff of Marion County, Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 2015.

Attorney(s) appearing for the Case

Diana L. Martin , Leslie Kroeger , Adam John Langino , Theodore Jon Leopold , Cohen Milstein Sellers & Toll, PLLC, Palm Beach Gardens, FL, Kelly Lina Rooth , The Carlyle Appellate Law Firm, The Villages, FL, Janet R. Varnell , Brian W. Warwick , Steven T. Simmons , Varnell & Warwick, PA, Lady Lake, FL, Angela P. Kurtz , Antonio M. Romanucci , Romanucci & Blandin LLC, Chicago, IL, for Plaintiff-Appellee.

Walter A. Ketcham, Jr. , Ramon Vazquez , Jeanelle Glover Bronson , Philip J. Wallace , Grower Ketcham Rutherford Bronson Eide & Telan, PA, Orlando, FL, for Defendant-Appellant.

Before WILLIAM PRYOR, JULIE CARNES, and SILER, Circuit Judges.

These consolidated appeals require us to decide two questions arising out of an attempted arrest in which Deputy Lauren Miley shot and killed Joshua Salvato: (1) whether Miley is entitled to qualified immunity against a claim for damages, 42 U.S.C. § 1983, for excessive force in violation of Salvato's rights under...

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