ANSLEY v. HEINRICH

No. 89-3468.

925 F.2d 1339 (1991)

Kevin H. ANSLEY, Plaintiff-Appellee, Cross-Appellant, v. Walter C. HEINRICH, in his official capacity as Sheriff of Hillsborough County, Florida, Harold E. Winsett, Gerald Onheiser, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 11, 1991.


Attorney(s) appearing for the Case

David J. Farash; George A. Vaka and Hala Mary Ayoub, Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, Fla., for defendants-appellants, cross-appellees.

Kirk M. Gibbons, John B. Gibbons and Elizabeth A. Pereira, Gibbons, Smith, Cohn & Arnett, P.A., Tampa, Fla., for plaintiff-appellee, cross-appellant.

Before HATCHETT and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


HATCHETT, Circuit Judge:

In this excessive use-of-force case against law enforcement officers, we affirm the district court, but hold that a jury should seldom, if ever, be instructed on qualified immunity; the availability of a qualified immunity defense is a question of law for the court to determine.

FACTS

Kevin Ansley, a security guard, lived and worked approximately twenty feet from a Circle K convenience store in Tampa, Florida. The Circle...

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