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RUBIO v. LOPEZ

No. 11-11537, Non-Argument Calendar.

LORENZO RUBIO, Plaintiff-Appellant, v. HOWARD LOPEZ, individually and as Deputy, a member of the Hillsborough County Sheriff's Office, DAVID GEE, Hillsborough County Sheriff, in his official capacity, Defendants-Appellees, KENNETH SCHAAF, individually and as Deputy, a member of the Hillsborough County Sheriff's Office, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed August 30, 2011.

DO NOT PUBLISH

PER CURIAM.

Lorenzo Rubio ("Rubio") appeals the district court's grant of summary judgment to Hillsborough County Deputy Sheriff Howard Lopez ("Lopez") and Sheriff David Gee ("Gee"). Rubio sued Lopez in his individual capacity under 42 U.S.C. § 1983, alleging that Lopez violated the Fourth Amendment by subjecting him to excessive force. Rubio also asserted state-law claims of intentional infliction of emotional distress and battery against...

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