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SAUNDERS v. DUKE

No. 12-11401.

766 F.3d 1262 (2014)

Oberist Lee SAUNDERS, a.k.a. Oberist Lee Saunders, Jr., Plaintiff-Appellant, v. George C. DUKE, M.B.I. Agent, Thomas Matthews, Agent, Conrad Kilian, Agent, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 8, 2014.

Attorney(s) appearing for the Case

Daniel Joseph Moriarty , Green & Sapp, LLP, Elizabeth Vila Rogan , Law Office of Elizabeth Vila Rogan, Atlanta, GA, Tomoka CI Warden , SFRC-Inmate Trust Fund, Doral, FL, for Plaintiff-Appellant.

Oberist Lee Saunders, Daytona Beach, FL, pro se.

Kenneth Van Wilson , Pam Bondi , Caroline Johnson Levine , Office of the Attorney General, Tampa, FL, Austin Moore, City of Orlando, Ian D. Forsythe , Hilyard Bogan & Palmer, PA, Orlando, FL, for Defendants-Appellees.

Before WILSON and JORDAN, Circuit Judges, and ROTHSTEIN, District Judge.

JORDAN, Circuit Judge:

We have repeatedly ruled that a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she uses gratuitous and excessive force against a suspect who is under control, not resisting, and obeying commands. See, e.g., Priester v. City of Riviera Beach, Florida, 208 F.3d 919, 927 (11th Cir.2000); Slicker v. Jackson, 215 F.3d 1225,...

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