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BAILEY v. SWINDELL

No. 21-14454.

89 F.4th 1324 (2024)

Kenneth BAILEY, Plaintiff-Appellant, v. Shawn T. SWINDELL, in his individual capacity, Defendant-Appellee, Michael Ramirez, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: January 8, 2024.

Attorney(s) appearing for the Case

Keith William Weidner , J. Phillip Warren , Taylor Warren & Weidner, PA, Pensacola, FL, Charles Phillip Hall , Phil Hall, P.A., Pensacola, FL, Margaret E. Kozan , Margaret E. Kozan, P.A., Winter Park, FL, for Plaintiff-Appellant.

Thomas W. Poulton , DeBevoise & Poulton, PA, Winter Park, FL, Jeannette M. Andrews , J. Craig Knox , Joe Longfellow, III , Ramsey Dana Revell , Andrews Crabtree Knox & Longfellow, LLP, Tallahassee, FL, Ginger B. Boyd , Nelson Mullins Riley & Scarborough, LLP, Tallahassee, FL, Lacey Delori Corona , Nelson Mullins Broad and Cassel — Tallahassee, Tallahassee, FL, Riley Michelle Landy , Perry & Young, Panama City, FL, Lisa Truckenbrod , Luks Santaniello Petrillo Cohen & Peterfriend, Tallahassee, FL, for Defendant-Appellee.

Before Lagoa and Brasher, Circuit Judges, and Boulee, District Judge.

This Section 1983 case is before us for a second time. See Bailey v. Swindell, 940 F.3d 1295 (11th Cir. 2019) ("Bailey I"). After being arrested at his parents' home, Kenneth Bailey filed suit against the arresting officer, alleging that Deputy Shawn Swindell violated his civil rights when Swindell tackled him...

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