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MORTON v. KIRKWOOD

No. 12-11436.

707 F.3d 1276 (2013)

Alex Wayne MORTON, an individual, Plaintiff-Appellee, v. Jeremy KIRKWOOD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 8, 2013.

Attorney(s) appearing for the Case

Harvey Bland Morris , Joseph Douglas Aiello , David J. Hodge , Morris, King & Hodge, Huntsville, AL, for Plaintiff-Appellee.

Gary K. Grace , Jennifer Morton Matthews , Grace, Evans & Matthews, Huntsville, AL, for Defendant-Appellant.

Before MARCUS and MARTIN, Circuit Judges, and SCRIVEN, District Judge.

MARCUS, Circuit Judge:

In this civil rights case, Officer Jeremy Kirkwood of the City of Guntersville Police Department appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity. Kirkwood shot Alex Wayne Morton late at night on January 7, 2010, while Morton was inside his car. The shots paralyzed Morton. According to Kirkwood, he shot Morton after Morton accelerated his car, threatening the life of a nearby police officer...

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