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COLVIN v. McDOUGALL

Nos. 93-2931, 93-3014.

62 F.3d 1316 (1995)

Charles COLVIN, Plaintiff-Appellee, v. John J. McDOUGALL, Sheriff of the Lee County Sheriff's Department; Ronald J. Curtis, Defendants-Appellants, Lee County, as a political subdivision of the State of Florida, Defendant. Charles COLVIN, Plaintiff-Appellee, v. John J. McDOUGALL, Sheriff of the Lee County Sheriff's Department, Defendant-Appellant, Lee County, as a political subdivision of the State of Florida; Ronald J. Curtis, Defendants.

United States Court of Appeals, Eleventh Circuit.

August 31, 1995.

Attorney(s) appearing for the Case

Robert L. Donald, Ft. Myers, FL, for appellee in No. 93-2931.

Kenneth W. Sukhia, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tallahassee, FL, Michael G. Fink (co-counsel), Fowler, White, Boggs, Villareal & Banker, P.A., Ft. Myers, FL, for John J. McDougall, Ronald J. Curtiss.

Julius F. Parker, Jr., Parker, Skelding, Labasky & Corry, Tallahassee, FL, for John J. McDougall.

Harold Miller Stevens, Ft. Myers, FL, Robert L. Donald, Ft. Myers, FL, for appellee in No. 93-3014.

Before EDMONDSON, Circuit Judge, and HILL, Senior Circuit Judge, and MILLS, District Judge.

EDMONDSON, Circuit Judge:

Lee County, Florida Sheriff John McDougall appeals the award of $100,000 in punitive damages against him in his individual capacity for injuries to Charles Colvin arising out of an incident between Colvin and deputies from the Lee County Sheriff's Department. We vacate that award.

Charles Colvin was arrested for DUI early one morning. Colvin was discovered asleep in his truck by Lee County deputies. Deputy Curtis, the co-defendant...

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