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Coffin v. Brandau, — F.3d —-, 2010 WL 2490977 (C.A.11 (Fla.)), June 22, 2010 No. 08-14538
The Plaintiff’s sought damages on the ground that the Deputies’ warrantless entry into their garage and Mrs. Coffin’s arrest violated their Fourth Amendment rights. The Deputies, who did not possess a search or arrest warrant, entered the Coffins’ garage and subsequently arrested Mrs. Coffin for obstruction of justice. The court concluded that the Deputies had violated the Coffins’ Fourth Amendment rights but were shielded by qualified immunity because the law governing “arrests at or just within the threshold of the house” was not clearly established until McClish v. Nugent, 483 F.3d 1231 (11th Cir. 2007), was decided.
Pensley v. Eslinger, — F.3d —-, 2010 WL 1741557, C.A.11 (Fla.), May 03, 2010 (NO. 09-13092):
A fifteen-year-old boy, who modified a plastic air pistol to look like a real weapon and brought it to school, was shot and killed by police during an ensuing standoff. The parents sued seeking relief under both federal and state law alleging that under the circumstances lethal force was unnecessary and excessive. The District Court disagreed and the officer was granted summary Judgment. The 11th Circuit affirmed the district court’s grant of summary judgment.