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MONTOUTE v. CARR

No. 95-5534.

114 F.3d 181 (1997)

Francis MONTOUTE, Plaintiff-Appellee, v. Steven John CARR, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 10, 1997.

Attorney(s) appearing for the Case

Beth M. Coleman, Salem, Saxon & Nielsen, P.A., Tampa, FL, Peter Walsh, Marino & Walsh, St. Petersburg, FL, for Defendant-Appellant.

James Lawrence Magazine, Beltz, Ruth & Newman, P.A., for Plaintiff-Appellee.

Before CARNES, Circuit Judge, and CLARK and CAMPBELL, Senior Circuit Judges.

CARNES, Circuit Judge:

Police officer Steven Carr shot Francis Montoute in the buttock in order to apprehend him. Montoute filed a 42 U.S.C. § 1983 lawsuit against Carr and others alleging that Carr had violated Montoute's constitutional rights by using excessive force to arrest him. After the district court denied Carr's qualified immunity issue summary judgment motion, Carr brought this interlocutory appeal. Agreeing with his contention that he is entitled...

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