BATES v. HARVEY

No. 07-10570.

518 F.3d 1233 (2008)

D'Anna BATES, Gary Bates, Plaintiffs-Appellees, v. Deputy Lee HARVEY, Defendant-Appellant, Sheriff Jimmy Thomas, Defendant.

United States Court of Appeals, Eleventh Circuit.

March 4, 2008.


Attorney(s) appearing for the Case

Jason C. Waymire, Terry Eugene Williams, Terry Williams & Associates, P.C., Buford, GA, for Harvey.

William J. Atkins, Eleanor Mixon Attwood, Parks, Chesin & Walbert, P.C., Atlanta, GA, for Plaintiffs-Appellees.

Before TJOFLAT, HULL and WILSON, Circuit Judges.


WILSON, Circuit Judge:

Lee Harvey, a deputy sheriff with the Pike County, Georgia Sheriff's Department ("Deputy Harvey"), appeals the denial of his motion for summary judgment based on qualified immunity. In her 42 U.S.C. § 1983 suit, Plaintiff D'Anna Bates ("Mrs. Bates") claims that Deputy Harvey falsely arrested her after entering her home without a warrant to search for the subject of a civil commitment order, in...

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