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WATE v. KUBLER

No. 15-15611.

839 F.3d 1012 (2016)

Patricia Juanita WATE, individually and as personal representative of the Estate of James Clifton Barnes, Deceased, Plaintiff-Appellee, v. Kenneth KUBLER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 12, 2016.

Attorney(s) appearing for the Case

Bruce McCord Edenfield , Bruce M. Edenfield, PC, Dahlonega, GA, Keith Maxie Carter , Morgan & Morgan, PA, Tampa, FL, Stuart C. Markman , Kristin Ann Norse , Kynes Markman & Felman, PA, Tampa, FL, for Plaintiff-Appellee.

Paul Grant Rozelle , Pinellas County Sheriffs Office, Saint Petersburg, FL, for Defendant-Appellant.

Before MARCUS and WILLIAM PRYOR, Circuit Judges, and DAVIS, District Judge.

James Clifton Barnes and his aunt Paula Yount went to the beach to conduct a baptismal ritual. While in the water, Barnes became agitated. After Barnes was pulled out of the water and, following a struggle, he was handcuffed and pinned on the beach by two law enforcement officers. He was then "tased" five times, and at least...

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