Filed: Mar. 18, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-14456 Date Filed: 03/18/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14456 Non-Argument Calendar _ D.C. Docket No. 2:12-cv-00115-LGW-JEG MICHAEL MCGEHEE,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 COUNT
Summary: Case: 14-14456 Date Filed: 03/18/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14456 Non-Argument Calendar _ D.C. Docket No. 2:12-cv-00115-LGW-JEG MICHAEL MCGEHEE,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..
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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[DO NOT PUBLISH]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.
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