COTTONE v. JENNE

No. 02-14529.

326 F.3d 1352 (2003)

Richard COTTONE, as personal representative of the Estate of Peter Anthony Cottone, Jr., Peter Cottone, Sr., Plaintiffs-Appellees, v. Kenneth C. JENNE, II, individually and in his official capacity as Sheriff of Broward County, Florida, Joseph D'Elia, George Williams, individually and in his official capacity as Deputy Sheriff and/or Correction Officer of the Broward County Sheriff's Office, Patrick Tighe, individually and in his official capacity as Executive Director of the Department of Detention, Broward Sheriff's Office, Dwight St. Claire, Delores Watson, Barbara Law, Defendants-Appellants, Broward County Sheriff's Office, John Does, individually and in their official capacity as Directors and/or supervisors of the North Broward Detention Center, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 11, 2003.


Attorney(s) appearing for the Case

Christine M. Duignan, Michael Ross Piper, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for Defendants-Appellants.

Barbara Ann Heyer, Heyer & Associates, P.A., Ft. Lauderdale, FL, for Plaintiffs-Appellees.

Before HULL, MARCUS and FARRIS, Circuit Judges.


HULL, Circuit Judge:

In this § 1983 suit, defendants Joseph D'Elia, George Williams, Patrick Tighe, Dwight St. Claire, Delores Watson, and Barbara Law, all in their individual capacities, appeal the district court's order denying their Rule 12(b)(6) motion to dismiss raising the defense of qualified immunity. After review and oral argument, we affirm the district court's denial of qualified immunity for defendants D'Elia and Williams, and reverse its denial of...

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