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HOYT v. COOKS

No. 11-10771.

672 F.3d 972 (2012)

Martha HOYT, Individually, and as Administrator of the Estate of James Christopher Allen, James Allen, Plaintiffs-Appellees, v. Bernard COOKS, In his individual capacity, Randy T. Harkleroad, In his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 27, 2012.

Attorney(s) appearing for the Case

Wilson R. Smith , Smith & Jenkins, PC, Vidalia, GA, Joseph Dennis McGovern , Dubberly & McGovern, Glennville, GA, George Brian Spears , G. Brian Spears, PC, Atlanta, GA, for Plaintiffs-Appellees.

Terry L. Readdick , Richard Strickland , Steven G. Blackerby , Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP, Brunswick, GA, for Defendants-Appellants.

Before EDMONDSON and ANDERSON, Circuit Judges, and EDENFIELD, District Judge.

ANDERSON, Circuit Judge:

In May 2007, Bacon County Deputy Bernard Cooks and Alma Police Officer Randy Harkleroad repeatedly used their Tasers in an attempt to subdue and arrest a struggling James Christopher Allen ("Allen"), who died shortly thereafter while being transported to jail. In May 2009, Martha Hoyt and James Allen ("Plaintiffs") brought suit individually and on behalf of Allen's estate. Plaintiffs sued Bacon County, Georgia; Bacon County Sheriff Richard...

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