LUMLEY v. CITY OF DADE CITY, FLA.

Nos. 01-13794, 01-16126.

327 F.3d 1186 (2003)

John Wayne LUMLEY, Plaintiff-Counter Defendant-Appellee, v. CITY OF DADE CITY, FLORIDA, a municipal corporation, et al., Defendants, Michael Wilkes, Lieutenant for the Dade City Police Department, in his individual capacity, Linda Leggett Register, Sergeant for Dade City Police Department, in her individual capacity, et al., Defendants-Appellants, Ray White, Detective for Dade City Police Department, in his individual capacity, Defendant-Counter-Claimant-Appellant. John Wayne Lumley, Plaintiff-Appellant, v. City of Dade City, Florida, A Municipal Corporation, Pasco County, Florida, A Municipal Corporation, Lee Cannon, Sheriff for Pasco County, in his individual and official capacity, Phillip Thompson, Chief of Police for Dade City Police Department, in his individual and official capacity, Michael Wilkes, Lieutenant for the Dade City Police Department, in his individual capacity, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 10, 2003.


Attorney(s) appearing for the Case

Jeffrey S. Weiss, Scott D. Danahy, Brown, Ward, Salzman & Weiss, P.A., Michael J. Roper, Bell, Leeper & Roper, P.A., Jack E. Holt, III, Grower, Ketcham, More, Rutherford, Noecker, Bronson, Siboni & Eide, Orlando, FL, Kathleen A.M. Krak, Donald Andrew DeBevoise, DeBevoise & Poulton, P.A., Winter Park, FL, Daniel M. Soloway, Daniel M. Soloway, P.A., Pensacola, FL, Barbara L. Wilhite, New Port Richey, FL, for Wilkes, Register, Ray White, Cannon, Fairbanks, Cooper, Savino, City of Dade City, Florida and Bob White.

Matthew P. Farmer, Farmer & Fitzgerald, P.A., James A. Wardell, Suaez & Wardell, P.A., Tampa, FL, for Lumley.

Before TJOFLAT, WILSON and COWEN, Circuit Judges.


TJOFLAT, Circuit Judge:

In this civil rights action, brought under 42 U.S.C. § 1983, the plaintiff seeks money damages for the manner in which he was treated by law enforcement officers when they arrested him for attempted murder, armed robbery, and carjacking, and hospitalized him for the injuries he sustained while committing these crimes. The district court, on summary judgment, rejected the officers' defense of qualified immunity on the ground that their...

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