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WOOD v. KESLER

No. 01-15827.

323 F.3d 872 (2003)

Melvin Alan WOOD, Plaintiff-Appellee, v. Michael KESLER, individually and in his capacity as an Alabama State Trooper, Defendant-Appellant, Brian Jones, Defendant.

United States Court of Appeals, Eleventh Circuit.

March 4, 2003.

Attorney(s) appearing for the Case

Jack Curtis, Robert E. Morrow, Asst. Atty. Gen., Dept. of Public Safety, Legal Unit, Montgomery, AL, for Defendant-Appellant.

John R. Benn, Sheffield, AL, for Plaintiff-Appellee.

Before CARNES, HULL and ALARCON, Circuit Judges.

HULL, Circuit Judge:

Defendant Michael Kesler, a state trooper, appeals the denial of immunity on plaintiff's § 1983 claims and state law claims. We reverse because defendant Kesler was entitled to qualified immunity on the § 1983 claims and discretionary-function immunity on the state law claims.

I. FACTUAL BACKGROUND

A. Traffic Stop

On March 30, 1998, plaintiff Melvin Alan Wood ("Wood") was driving a large tractor truck...

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