Legal Opinion

Thomas "Jack" Fitzgerald v. John P. McDaniel and Wayne "Cowboy" Morris, as Sheriff and Deputy Sheriff of Jackson County, Florida, Respectively

Court of Appeals for the Eleventh Circuit

Decided December 15, 1987No. 87-3135PublishedCited by 34 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

This appeal is from a jury verdict awarding damages against a sheriff of a Florida county and his deputy resulting from the deputy’s use of excessive force while accomplishing a lawful arrest. We affirm.

FACTS

In March, 1985, Deputy Sheriff Wayne “Cowboy” Morris became aware of an outstanding arrest warrant for Thomas “Jack” Fitzgerald for burglary of a dwelling. On the evening of March 4, 1985, while Morris was driving an unmarked vehicle and wearing civilian clothes, he saw Fitzgerald’s truck and decided to arrest Fitzgerald. Morris blinked his headlights at…

2Cases cited8 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Charlotte I. Gamble, Etc., Etc. v. The Florida Department of Health and Rehabilitative ServicesCourt of Appeals for the Eleventh Circuit · 1986
  3. Lundgren v. McDanielCourt of Appeals for the Eleventh Circuit · 1987
  4. Dolen E. LINDSEY, Plaintiff-Appellant, v. AMERICAN CAST IRON PIPE CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
  5. Askew v. County of VolusiaDistrict Court of Appeal of Florida · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Barts v. JoynerCourt of Appeals for the Eleventh Circuit · 1989
  2. Willingham v. LoughnanCourt of Appeals for the Eleventh Circuit · 2001
  3. American Family Life Assurance Company of Columbus, Georgia, a Georgia Corp. v. United States Fire Company, and Boston Old Colony Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1989
  4. Lucy Quezada, as Personal Representative of the Estate of Berlinda Griego, Deceased v. The County of Bernalillo Patrick Sauser Alvin J. CampbellCourt of Appeals for the Tenth Circuit · 1991
  5. Barts v. JoynerCourt of Appeals for the Eleventh Circuit · 1989

29 more not listed; retrieve them via the Exa API.

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