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EVANS v. HIGHTOWER

No. 96-2062.

117 F.3d 1318 (1997)

Morgan Luther EVANS, Plaintiff-Appellee, v. Jenkins D. HIGHTOWER and James Mathis, and Dade City, Florida, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 25, 1997.

Attorney(s) appearing for the Case

F. Scott Pendley, Douglas T. Noah, Dean, Ringers, Morgan & Lawton, Orlando, FL, for Defendants-Appellants.

David J. Sales, Arthur Schofield, James K. Green, P.A., West Palm Beach, FL, for Plaintiff-Appellee.

Before BARKETT, Circuit Judge, HILL, Senior Circuit Judge, and HOWARD, Senior District Judge.

BARKETT, Circuit Judge:

James Mathis and Jenkins Hightower appeal the district court's denial of their motion for summary judgment on grounds of qualified immunity with respect to Morgan Luther Evans's Fourth Amendment claim under 42 U.S.C. § 1983.

The following facts were before the district court on summary judgment and are not disputed. On September 8, 1993, at approximately 8:55 p.m., Morgan Evans was walking down Robinson Avenue in Dade City, Florida...

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