Keith Small v. Glynn County, Georgia , 598 F. App'x 752 ( 2015 )


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  •               Case: 14-14456     Date Filed: 03/18/2015   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-14456
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 2:12-cv-00115-LGW-JEG
    MICHAEL MCGEHEE,
    as authorized representative of M.M., a minor child,
    Plaintiff,
    KEITH SMALL,
    as authorized legal representative of A.S.,
    a minor child and as representative of the
    Estate of Caroline Small,
    ALAN WELCH, as guardian ad litem
    of M.M.,
    Plaintiffs - Appellants,
    versus
    GLYNN COUNTY, GEORGIA,
    M. TODD SIMPSON,
    in their individual capacities,
    ROBERT C. SASSER,
    in their individual capacities,
    Defendants - Appellees.
    Case: 14-14456     Date Filed: 03/18/2015    Page: 2 of 2
    ________________________
    Appeal from the United States District Court
    for the Southern District of Georgia
    ________________________
    (March 18, 2015)
    Before HULL, ROSENBAUM and JILL PRYOR, Circuit Judges.
    PER CURIAM:
    We affirm the district court’s grant of qualified immunity for the reasons
    articulated in its summary judgment order, Small v. Glynn Cnty., Ga., No. CV 212-
    115, 
    2014 WL 4928877
     (S.D. Ga. Sept. 30, 2014). We note that the district court
    expressly took care to construe the facts in the light most favorable to the plaintiffs.
    Accordingly, we agree with the district court that an “objectively reasonable
    official standing in the [officers’] place” would not have been on notice that using
    deadly force against Ms. Small “would be clearly unlawful given the
    circumstances.” See Pace v. Capobianco, 
    283 F.3d 1275
    , 1282 (11th Cir. 2002).
    AFFIRMED.
    2
    

Document Info

Docket Number: 14-14456

Citation Numbers: 598 F. App'x 752

Filed Date: 3/18/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023