GARRETT v. ATHENS-CLARKE COUNTY, GA.

No. 03-11264.

378 F.3d 1274 (2004)

Pamela GARRETT, individually, f.n.a. Eric William Irby, f.n.a. Valerie Nicole Irby, Plaintiff-Appellee, v. ATHENS-CLARKE COUNTY, GEORGIA, Athens-Clarke County Police Department, et al., Defendants, Raymond Von Anderson, II, individually, and in his official capacity as a Police Officer with the Athens-Clarke County Police Department, Donald Eckert, individually and in his official capacity as a Police Officer with the Athens-Clarke County Police Department, Ryan McGee, individually and in his official capacity as a Police Officer with the Athens-Clarke County Police Department, Lloyd Nash, individually and in his official capacity as a Police Officer with the Athens-Clarke County Police Department, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 30, 2004.


Attorney(s) appearing for the Case

Michael C. Pruett, McLeod, Benton, Begnaud & Marshall, Watkinsville, GA, Andrew H. Marshall, McLeod, Benton, Begnaud & Marshall, LLP, Athens, GA, for Defendants-Appellants.

Eric Keith Krasle, Athens, Ga, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and BIRCH and FARRIS, Circuit Judges.


PER CURIAM:

Four police officers of the Athens-Clarke County, Georgia, Police Department — Raymond Von Anderson, Donald Eckert, Ryan McGee, and Lloyd Nash — appeal the denial of their motion for summary judgment on claims for excessive force under the Fourth Amendment made against them in their individual capacities. We reverse and remand for further proceedings.

Facts1

At approximately 4:00 a.m. on 19 June...

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