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HADLEY v. GUTIERREZ

No. 06-12605.

526 F.3d 1324 (2008)

Michael E. HADLEY, Plaintiff-Appellee, v. G. GUTIERREZ, Miami Beach Police Officer, Badge # 710, J. Ortivero, Miami Beach Police Officer, Badge # 707, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 6, 2008.

Attorney(s) appearing for the Case

Joshua Michael Entin, Rosen, Switkes & Entin, P.L., Miami, FL, Sheri A. Sack, Donald M. Papy, Legal Dept., City of Miami Beach, Miami Beach, FL, for Defendants-Appellants.

Arthur J. England, Jr. (Court-Appointed), Daniel M. Samson, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Maimi, FL, for Hadley.

Before WILSON, COX and BOWMAN, Circuit Judges.

COX, Circuit Judge:

This excessive force case is before us on interlocutory appeal from the district court's order denying Defendants Ortivero's and Gutierrez's motion for summary judgment seeking qualified immunity. We affirm in part and reverse in part.

I. Background

Michael Hadley filed pro se a civil rights complaint under 42 U.S.C. § 1983 against Miami Beach police officers German Gutierrez and Jose Ortivero ("Defendants").

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