Thomas Johnson v. City of Clanton (11th Cir. 2006)

Federal Circuits, 11th Cir. (October 18, 2006)

Docket number: 04-00117
Not Published

05-16360 - Not Published
Permanent Link: http://vlex.com/vid/thomas-johnson-v-city-of-clanton-23810892
Id. vLex: VLEX-23810892

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U.S. Supreme Court - Williams v. United States, 341 U.S. 97 (1951)

U.S. Court of Appeals for the 11th Cir. - Mark Lee Thornton, Tommy Cravey, Plaintiffs-Appellees, v. the City of Macon, a Municipal Corporation, Defendant, D. Coleman, J. Lodge, Defendants-Appellants, Stanley Hunnicutt, Defendant, Ziva Beddingfield, Defendant-Appellant., 132 F.3d 1395 (11th Cir. 1998)

U.S. Court of Appeals for the 11th Cir. - Howard v. Slicker, Jr., Plaintiff-Appellant, v. Jackson, Officer, Fulmer, Officer, Et Al., Individually and in Their Official Capacities as Police Officers for the Summerville Police Department, Defendants-Appellees,, 215 F.3d 1225 (11th Cir. 2000)

U.S. Court of Appeals for the 11th Cir. - Kim D. Lee, F.K.A. Kim D. White, Plaintiff-Appellee, v. Luis Ferraro, Individually and in His Official Capacity as a City of Miami Police Officer, Defendant-Appellant., 284 F.3d 1188 (11th Cir. 2002)

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Text:

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 05-16360

OCTOBER 18, 2006

THOMAS K. KAHN

CLERK

D. C. Docket No. 04-00117-CV-F-N

THOMAS JOHNSON,

Plaintiff-Appellee,

versus

SAMUEL OLGILVIE, individually and as an

explorer for the City of Clanton,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of Alabama

(October 18, 2006)

Before ANDERSON and DUBINA, Circuit Judges, and VINSON,* District Judge.

PER CURIAM:

*Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida,

sitting by designation.

After careful consideration, and for the reasons noted herein and discussed at oral argument, we conclude that the judgment of the district court with respect to appellant Olgilvie is due to be affirmed. With respect to appellant's challenge to his status as a state actor, and based on the facts assumed by the district court, we conclude that Williams v. United States, 341 U.S. 97, 71 S.Ct. 576 (1951), clearly establishes that appellant here was a state actor. With respect to the excessive force claim, we accept the facts assumed by the district court, namely, that appellant actively participated in the arrest of plaintiff, and personally participated in the beating after the plaintiff was already down, not resisting, and handcuffed; during the beating, plaintiff's head was slammed into the paved parking lot. Under the assumed facts, the district court did not err in denying qualified immunity with respect to plaintiff's excessive force claim. Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002); Slicker v. Jackson, 215 F.3d 1225 (11th Cir. 2000); and Thornton v. City of Macon, 132 F.3d 1395 (11thCir. 1998). Also, on the facts assumed by the district court and accepted by us, it is clear that there was no arguable probable cause for the arrest. Finally, we agree with the district court's denial of Olgilvie's claim for immunity from the Alabama law claims under the Voluntary Service Act.

AFFIRMED.