BAILEY v. SWINDELL

No. 18-13572.

940 F.3d 1295 (2019)

Kenneth BAILEY, Plaintiff-Appellant, v. Shawn T. SWINDELL, in his individual capacity, Michael Ramirez, in his individual capacity, Sheriff of Santa Rosa County Florida, Defendants-Appellees, Wendell Hall, Defendant.

United States Court of Appeals, Eleventh Circuit.

October 16, 2019.


Attorney(s) appearing for the Case

Keith William Weidner , Taylor Warren & Weidner, PA, Charles Phillip Hall , Phil Hall, P.A., Pensacola, FL, for Plaintiff-Appellant.

Joe Longfellow, III , Jeannette M. Andrews , J. Craig Knox , Andrews Crabtree Knox & Andrews, LLP, Lacey Delori Corona , Nelson Mullins Broad and Cassel, Tallahassee, FL, Ginger Barry Boyd , Broad & Cassel, Destin, FL, for Shawn T. Swindell.

Timothy Michael Warner , Warner Law Firm, PA, Panama City, FL, for Michael Ramirez and Sheriff of Santa Rosa County Florida.

William Gerard Warner , Warner Law Firm, PA, Panama City, FL, for Michael Ramirez.

Lisa Truckenbrod , Law Office of Lisa Truckenbrod, Tallahassee, FL, for Shawn T. Swindell and Sheriff of Santa Rosa County Florida.

Before WILSON and NEWSOM, Circuit Judges, and PROCTOR, District Judge.


What began as a relatively low-key consensual encounter between Santa Rosa County Sheriff's Deputy Shawn Swindell and Kenneth Bailey escalated quickly into a forceful arrest. Taking the facts in the light most favorable to Bailey, as we must given the case's procedural posture, the short story goes like this: Swindell showed...

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