Hamm v. Powell
| Decision Date | 29 January 1990 |
| Docket Number | No. 88-3166,88-3166 |
| Citation | 893 F.2d 293 |
| Parties | Robert D. HAMM, Alice Hamm, William H. Williams, and Kathryn Williams, Plaintiffs-Appellees, Cross-Appellants, v. Sheriff James A. POWELL, etc., Defendant, Dennis Norred, individually and in his capacity as Sheriff Deputy of Santa Rosa County, Florida, Bruce Johnson, individually and in his capacity as Sheriff Deputy of Santa Rosa County, Florida, Defendants-Appellants, Cross-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Appeal from the United States District Court for the Northern District of Florida.
PETITION FOR REHEARING
(Opinion 6/6/89 11th Cir. 874 F.2d 766). *
Before ANDERSON, Circuit Judge, HILL and ESCHBACH **, Senior Circuit Judges.
Plaintiffs petition for a rehearing in this matter, and suggest a rehearing en banc of this court's opinion in Hamm v. Powell, 874 F.2d 766 (11th Cir.1989). We grant the petition for rehearing. Since the original arguments in this case, the Supreme Court has decided Graham v. Connor, --- U.S. ----, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1985), a case which has a major impact upon the issues, and our analysis of, this case.
Under Graham, the Supreme Court made clear that in arrest cases of this sort, courts must analyze claims of wrongful arrest and force "under the Fourth Amendment's 'objective reasonableness' standard." Graham, 109 S.Ct. at 1867. Thus, Graham has made our discussion in Hamm of substantive due process under the Fifth and Fourteenth Amendments unnecessary.
In Hamm, we correctly analyzed the qualified immunity of the defendants, and found them immune from the claims asserted in that case. The parties to that appeal did not argue the issue of official immunity to this court. The appellants merely stated that official immunity protected them; the appellees made no response. Although we have requested counsel to address that issue in supplemental briefs, we now conclude that we need not reach that issue at all.
We have held, and do hold, that qualified immunity protects the defendants in this matter. That is all the immunity they need.
We now strike that part of the opinion discussing the defendant's official immunity. We strike as well so much of the opinion that analyzed the plaintiffs' claims under...
To continue reading
Request your trial
-
Dowdell v. Chapman, Civ. No. 95-D-1073-E.
... ... United States v. Lovett, 328 U.S. 303, 317-18, 66 S.Ct. 1073, 1079-80, 90 L.Ed. 1252 (1946); Powell v. Texas, 392 U.S. 514, 531-32, 88 S.Ct. 2145, 2153-54, 20 L.Ed.2d 1254 (1968); Ingraham v. Wright, 430 U.S. 651, 664 & 671 n. 40, 97 S.Ct. 1401, ... Shores, 77 F.3d 378, 381 (11th Cir.1996) (summarizing Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)); see also Hamm v. Powell, 893 F.2d 293, 294 (11th Cir.), cert. denied, 496 U.S. 938, 110 S.Ct. 3218, 110 930 F. Supp. 543 L.Ed.2d 665 (1990). In Tinney, the ... ...
-
Childress v. L.P., Case No. 2:12–cv–0117–MEF.
... ... 2 (S.D.Fla.2008); see also Albright v. Oliver, 510 U.S. 266, 274, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994); Hamm v. Powell, 893 F.2d 293, 294 (11th Cir.1990) (recognizing that false arrest claims under 1983 are analyzed solely as unreasonable seizure claims ... ...
-
Fils v. City of Aventura
... ... See, e.g., Hamm v. Powell, 893 F.2d 293, 294 (11th Cir.1990) (courts must analyze claims of wrongful arrest and force under the Fourth Amendment's objective ... ...
-
Adams v. St. Lucie County Sheriff's Dept.
... ... 8 See generally Hamm v. Powell, 874 F.2d 766, 770-71 (11th Cir.1989), aff'd on reh'g, 893 F.2d 293 (11th Cir.1990). Therefore, at the new trial, one issue the trial ... ...