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OLIVER v. FIORINO

No. 08-15081.

586 F.3d 898 (2009)

Amy Shirley OLIVER, as Personal Representative of the Estate of Anthony Carl Oliver, Sr., Deceased, for and on behalf of the survivors of the Estate of Anthony Carl Oliver, Sr., Plaintiff-Appellee, v. Lori FIORINO, in the official capacity as Orlando Police Department officer, David Burk, in the official capacity as Orlando Police Department officer, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 26, 2009.

Attorney(s) appearing for the Case

Robert E. Bonner, Gail C. Bradford, Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Longwood, FL, for Defendants-Appellants.

Paul E. Bross, Bross, Bross, Thomas & Savy, LC, Merritt Is., FL, for Oliver.

Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

MARCUS, Circuit Judge:

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court's denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver's Fourth Amendment rights when they shocked him with a Taser...

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