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ENSLEY v. SOPER

No. 96-8996.

142 F.3d 1402 (1998)

Ralph W. ENSLEY, Plaintiff-Counter-Defendant-Appellee, C. Wesley Ensley, Plaintiff-Appellee, v. Larry SOPER, Sergeant, Defendant, Mike Johnston, Officer, Defendant-Appellant, James Gilleland, Officer of the City of Canton, Georgia Police Department, in their official and individual capacities, Defendant, Danny Doyle, Counter-Claimant.

United States Court of Appeals, Eleventh Circuit.

June 11, 1998.

Attorney(s) appearing for the Case

Richard A. Carothers, Thomas M. Mitchell, Duluth, GA, for M. Johnston.

David G. Archer, M. Faye McCord, Cartersville, GA, for Appellees.

Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.

BIRCH, Circuit Judge:

In this interlocutory appeal, we determine whether the defendant police officer, Mike Johnston, is entitled to qualified immunity regarding claims that he failed to (1) warn the plaintiffs that they were entering a crime scene and (2) intervene when his fellow officers used excessive force against the plaintiffs. In denying summary judgment to Johnston, the district court stated only that a reasonable juror could conclude from the evidence that...

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