HATTAWAY v. McMILLIAN

No. 89-3208.

903 F.2d 1440 (1990)

Betty L. HATTAWAY, as duly appointed guardian of the person and property of Noah Lee Laningham, Incompetent, Plaintiff-Appellee, v. Quinn A. McMILLIAN, Individually and as Sheriff of Walton County, Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 1990.


Attorney(s) appearing for the Case

Julius F. Parker, Jr., Parker, Skelding, Labasky & Corry, Tallahassee, Fla., for defendant-appellant.

Lynn C. Higby, Bryant, Higby & Williams, Panama City, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, ANDERSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

I. FACTS AND PRIOR PROCEEDINGS

On September 16, 1987, Noah Laningham and his brother Joe Laningham left the Hardees in DeFuniak Springs, Florida. The Hardees employees suspected that the brothers were too intoxicated to operate an automobile and notified the DeFuniak Springs Police Department. By the time the officers reached the Hardees, the Laningham brothers had left the restaurant. They were next spotted by a state wildlife official...

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