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CHRISTOPHER v. FLORIDA

No. 04-16319.

449 F.3d 1360 (2006)

Kenrick CHRISTOPHER, Plaintiff-Appellant, v. State of FLORIDA, et al., Defendants, Barry Tierney, individually, Jose Hernandez, individually, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 26, 2006.

Attorney(s) appearing for the Case

Pamela A. DeBooth, Arthur J. England, Jr., Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Michael Seth Cohen, Miami, FL, for Plaintiff-Appellant.

David Jay Glantz, Charles Melvin Fahlbusch, Ft. Lauderdale, FL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, BARKETT, Circuit Judge, and HUNT, District Judge.

EDMONDSON, Chief Judge:

Plaintiff Kenrick Christopher appeals the district court's granting judgment as a matter of law to Sgt. Barry Tierney ("Tierney") and a new trial to Trooper Jose Hernandez ("Hernandez"), following a five-day jury trial in which both defendants were found liable under 42 U.S.C. § 1983 for using excessive force against Plaintiff. We reverse the grant of judgment as a matter of law to Defendant Tierney but conclude that he is entitled to...

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