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SMITH v. MATTOX

No. 96-6648.

127 F.3d 1416 (1997)

Anthony Lee SMITH, Plaintiff-Appellee, v. E. Allen MATTOX, Individually and in his capacity as a police officer of defendant, City of Tuscaloosa, and as an agent for the West Alabama Narcotics Squad, Defendant-Appellant, Tuscaloosa, City of, a municipal corporation; Ken Swindle, as Chief of Police of defendant, City of Tuscaloosa, Defendants.

United States Court of Appeals, Eleventh Circuit.

November 19, 1997.

Attorney(s) appearing for the Case

Christopher Lyle McIlwain, Hubbard, Smith, McIlwain, Brakefield & Shatuck, P.C., Tuscaloosa, AL, for Defendant-Appellant.

Ronald D. Michael, Langston, Langston, Michael & Bowen, P.A., Bonneville, MS, Christi R. McCoy, Langston, Langston, Michael & Bowen, P.A., Iuka, MS, for Plaintiff-Appellee.

Before ANDERSON and COX, Circuit Judges, and ALARCON, Senior Circuit Judge.

PER CURIAM:

E. Allen Mattox, a police officer, appeals the denial of his qualified-immunity-based motion for summary judgment in this Fourth Amendment excessive-force action pursuant to 42 U.S.C. § 1983. We affirm.

I. BACKGROUND

A. Facts

On appeals of denial of summary judgment, this court draws all reasonable inferences from the record evidence that are favorable to the nonmovant plaintiff.1 This court...

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