Avery v. Davis

Keith Avery claims that Demarcus Davis, an officer with the Birmingham Police Department, punched him in the face without warning or provocation. Rejecting Davis’ assertion of qualified immunity and state law immunities, the district court denied his motion for summary judgment. This is Davis’ appeal.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

“We relate the facts—as we must at this stage of the litigation—in the light most favorable to [Avery].” Goodman v. Kimbrough, 718 F.3d 1325, 1329 (11th Cir. 2013). Avery attended a party at a Birmingham YMCA that became violent. After the police came…