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KJELLSEN v. MILLS

No. 07-11918.

517 F.3d 1232 (2008)

Richard KJELLSEN, Plaintiff-Appellee, v. Terry MILLS, William H. Wall, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 21, 2008.

Attorney(s) appearing for the Case

George M. Weaver, Hollberg & Weaver, LLP, Atlanta, GA, for Defendants-Appellants.

George Brian Spears, Law Office of Brian Spears, Atlanta, GA, Douglas W. McDonald, McDonald, & Cody, J. Edward Staples, Cornelia, GA, for Kjellsen.

Before HULL and PRYOR, Circuit Judges, and MOORE, District Judge.

MOORE, District Judge:

This is an interlocutory appeal from the district court's denial of qualified immunity to Defendants-Appellants, crime lab officials and employees, in connection with the testing of Plaintiff-Appellee Richard Kjellsen's ("Kjellsen") blood samples to determine his blood alcohol level. After review and oral argument, we conclude that the facts alleged by Kjellsen, viewed in the light most favorable to him, do not show a violation of constitutional...

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