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McCULLOUGH v. ANTOLINI

No. 08-10176.

559 F.3d 1201 (2009)

Pearlie McCULLOUGH, as grandmother and personal representative of the estate of her grandson, Marquell McCullough, deceased, Plaintiff-Appellee, v. David ANTOLINI, Deputy Sheriff, in his individual capacity, Nelson DeLeon, Deputy Sheriff, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 26, 2009.

Attorney(s) appearing for the Case

Matthew P. Farmer, Farmer & Fitzgerald, P.A., Tampa, FL, for Plaintiff-Appellee.

Richard Courtney McCrea, Jr., Greenberg Traurig, P.A., Tampa, FL, for Defendants-Appellants.

Before HULL, MARCUS and KRAVITCH, Circuit Judges.

MARCUS, Circuit Judge:

In this civil rights case, Pinellas County sheriff's deputies David Antolini and Nelson DeLeon appeal from the district court's denial of their motion for summary judgment on the basis of qualified immunity. The sheriff's deputies used deadly force against Marquell McCullough in a rapidly unfolding scenario early in the morning hours of May 2, 2004. The facts, taken in the light most favorable to McCullough...

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