FENNELL v. GILSTRAP

No. 08-12553.

559 F.3d 1212 (2009)

Reginald Scott FENNELL, Plaintiff-Appellant, v. James GILSTRAP, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 27, 2009.


Attorney(s) appearing for the Case

George Brian Spears, Law Office of Brian Spears, Atlanta, GA, for Plaintiff-Appellant.

Gary Kevin Morris, Williams, Morris & Blum, LLC, Buford, GA, for Defendant-Appellee.

Before WILSON and COX, Circuit Judges, and FAWSETT, District Judge.


PER CURIAM:

We decide in this appeal whether an officer, James Gilstrap, used excessive force in violation of the Fourteenth Amendment when he kicked a pretrial detainee, Reginald Scott Fennell, who was combative and struggling with police officers. Gilstrap witnessed an earlier struggle between Fennell and officers, heard Fennell threaten officers, heard a fellow officer call out for Fennell to let go of his arm while struggling...

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