Skrtich v. Thornton, 00-15959.
| Decision Date | 25 January 2002 |
| Docket Number | No. 00-15959.,00-15959. |
| Citation | 280 F.3d 1295 |
| Parties | David C. SKRTICH, Plaintiff-Appellee, v. Timothy Alvin THORNTON, in his individual capacity, Jason Patrick Griffis, in his individual capacity, et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Pamela Evans Langham, Langham & Langham, Ponte Vedra, FL, John F. Dickinson, Malfitano Campbell & Dickerson, Martha D. Bolton, Constangy, Brooks & Smith, LLC, Jacksonville, FL, for Defendants-Appellants.
Peter M. Siegel, Florida Justice Institute, Inc., Miami, FL, for Plaintiff-Appellee.
Appeal from the United States District Court for the Middle District of Florida(No. 99-00742-CV-J-21B); Henry Lee Adams, Jr., Judge.
Before BLACK and BARKETT, Circuit Judges, and HOBBS*, District Judge.
On the Court's own motion, we vacate the original opinion in this case, Skrtich v. Thornton,267 F.3d 1251(11th Cir.2001).A revised opinion will be issued in its place.
*Honorable Truman M. Hobbs, U.S. District Judge for the Middle District of Alabama, sitting by designation.
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64 cases
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United States v. Hill
...may not use gratuitous force against a prisoner who has been already subdued or, as in this case, incapacitated." Skrtich v. Thornton, 280 F.3d 1295, 1303-04 (11th Cir. 2002), overruled on other grounds by Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). In Skrtich,......
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Open Sea Distribution Corp. v. Artemis Distribution, LLC
...a deferral until trial." Fed. R. Civ. P. 12(i). A post-answer motion to dismiss raising the defenses is untimely, Skrtich v. Thornton, 280 F.3d 1295, 1306 (11th Cir. 2002), and "in effect a nullity," Byrne v. Nezhat, 261 F.3d 1075, 1093 n.35 (11th Cir. 2001), but may be construed as a motio......
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Bolton v. Wood
...the victim of another officer's use of excessive force, can be held liable for his nonfeasance.' ") (quoting Skrtich v. Thornton, 280 F.3d 1295, 1302 (11th Cir. 2002)). In his brief, Bolton acknowledges that there must be a constitutional violation that takes place in front of the offending......
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Jacoby v. Mack
...must begin with a description of the facts in the light most favorable to Jacoby, who is the non-moving party. See Skritch v. Thornton, 280 F.3d 1295, 1299 (11th Cir. 2002). "[T]he 'facts' as accepted at the summary judgment stage of the proceedings, may not be the 'actual' facts of the cas......
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