Jermaine Kent v. Zachary Brown

Case: 17-12615 Date Filed: 10/10/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-12615 ________________________

D.C. Docket No. 6:15-cv-00880-RBD-TBS

JERMAINE KENT,

Plaintiff - Appellee, versus

JUAN VARGAS, Officer,

Defendant,

ZACHARY BROWN, Officer,

Defendant - Appellant.

________________________

Appeal from the United States District Court for the Middle District of Florida ________________________

(October 10, 2018)

Case: 17-12615 Date Filed: 10/10/2018 Page: 2 of 2 Before WILSON and JORDAN, Circuit Judges, and MOORE,* District Judge. PER CURIAM:

Deputy Zachary Brown appeals the district court’s order denying him qualified immunity on Jermaine Kent’s claim for excessive force. Following oral argument and a review of the record, we affirm. Viewing the facts in the light most favorable to Mr. Kent, we agree with the district court, see D.E. 73 at 7–10, that Deputy Brown is not entitled to qualified immunity. See, e.g., Saunders v. Duke, 766 F.3d 1262, 1268–70 (11th Cir. 2014); Brown v. City of Huntsville, 608 F.3d 724, 739–40 (11th Cir. 2010); Reese v. Herbert, 527 F.3d 1253, 1273–74 (11th Cir. 2008).

In this interlocutory appeal, Deputy Brown also seeks to appeal the ruling of the district court that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar Mr. Kent’s excessive force claim. We conclude that we lack jurisdiction to entertain this argument for the reasons set forth in Harrigan v. Metro Dade Police Department Station No. 4, 636 F. App’x 470, 476 (11th Cir. 2015), which we find persuasive. See also Limone v. Condon, 372 F.3d 39, 50–52 (1st Cir. 2004); Cunningham v. Gates, 229 F.3d 1271, 1285 (9th Cir. 2000).

AFFIRMED IN PART AND DISMISSED IN PART.

*The Honorable William T. Moore, Jr., United States District Judge for the Southern District of Georgia, sitting by designation.