Legal Opinion

Evans v. Hightower

Court of Appeals for the Eleventh Circuit

Decided July 25, 1997No. 96-2062PublishedCited by 45 opinions

1Opinion of the Court

BARKETT, Circuit Judge:

James Mathis and Jenkins Hightower appeal the district court’s denial of their motion for summary judgment on grounds of qualified immunity with respect to Morgan Luther Evans’s Fourth Amendment claim under 42 U.S.C. § 1983.

The following facts were before the district court on summary judgment and are not disputed-. On September 8; 1993, at approximately 8:55 p.m., Morgan Evans was walking down Robinson Avenue in Dade City, Florida, after returning a pick-up truck to his employer’s house. Evans was about one block from his employer’s house when James Mathis, a Dade City…

2Cases cited8 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Tennessee v. GarnerSupreme Court of the United States · 1985
  4. Brower Ex Rel. Estate of Caldwell v. County of InyoSupreme Court of the United States · 1989
  5. Swint v. City Of WadleyCourt of Appeals for the Eleventh Circuit · 1995

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3Cited by45 opinions

  1. Alexander v. Fulton CountyCourt of Appeals for the Eleventh Circuit · 2000
  2. Harbert International, Inc. v. JamesCourt of Appeals for the Eleventh Circuit · 1998
  3. Rankin v. EvansCourt of Appeals for the Eleventh Circuit · 1998
  4. Roseann Michelle Gill v. Grady JuddCourt of Appeals for the Eleventh Circuit · 2019
  5. Wilson v. BlankenshipCourt of Appeals for the Eleventh Circuit · 1998

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