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REYES v. MASCHMEIER

No. 05-12720.

446 F.3d 1199 (2006)

Rose Marie REYES, Plaintiff-Appellant, v. Michael MASCHMEIER, Sgt., individually, Mike Scott, in his official capacity as Lee County Sheriff, a political subdivision or county office, Defendants-Appellees, Rodney Shoap, in his official capacity as Lee County Sheriff, a political subdivision or county office, Defendant.

United States Court of Appeals, Eleventh Circuit.

April 20, 2006.

Attorney(s) appearing for the Case

Anthony F. Sanchez, Miami, FL, for Reyes.

Mark E. Levitt, Allen, Norton & Blue, P.A., Robert Marshall Rainey, Williams, Reed, Weinstein, Schifino & Mangione, P.A., Tampa, FL, for Defendants-Appellees.

Before BIRCH and MARCUS, Circuit Judges, and MILLS, District Judge.

BIRCH, Circuit Judge:

In this case, we review a nuanced application of the Fourth Amendment in the public employment realm. Rose Marie Reyes brought a claim under 42 U.S.C. § 1983 alleging that she was unconstitutionally seized when she was struck by Michael Maschmeier, her supervisor and a sergeant in the county sheriff's office, and subsequently berated in an open door meeting. The district court denied the claim, reasoning that the force used was not unreasonable...

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