ROBERT JEFF ADAMS, SR., PERSONAL REPRESENTATIVE FOR THE ESTATE OF DONALD DEMASCO ADAMS, SR., PLAINTIFF-APPELLEE,
v.
ST. LUCIE COUNTY SHERIFF'S DEPARTMENT, ROBERT C. KNOWLES, SHERIFF, DONNIE INGRAM, DEFENDANTS, J.M. LINDSEY, ROBERT SOESBE, DEFENDANTS-APPELLANTS
ROBERT JEFF ADAMS, SR., PERSONAL REPRESENTATIVE FOR THE ESTATE OF DONALD DEMASCO ADAMS, SR., PLAINTIFF-APPELLEE,
ST. LUCIE COUNTY SHERIFF'S DEPARTMENT, ROBERT C. KNOWLES, SHERIFF, DONNIE INGRAM, DEFENDANTS, J.M. LINDSEY, ROBERT SOESBE, DEFENDANTS-APPELLANTS
982 F.2d 472
Court of Appeals for the Eleventh Circuit (1993)
Positive Treatment
Cited by 15 cases
Opinion of the Court
(Opinion June 15, 1992, 11th Cir., 1992, 962 F. 2d 1563) Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.
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Walker v. Nationsbank OF Fla. N.A., 53 F.3d 1548 (11th Cir. 1995)…the EEOC’s determination was sufficient to establish a factual issue as to whether the Bank’s legitimate, non-diseriminatory reason for Walker’s termination was pretextual. Following this court’s decision in Curtis v. Metro Ambulance Service, Inc., 982 F. 2d 472 (11th Cir.1993), holding that the Civil Rights Act of 1991 would not be applied retroactively, the district court denied Walker’s motion to amend her complaint. On April 8, 1993, the bank filed a motion in limine and a supporting memorandum of law…
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Delphine Edwards Goldsmith v. City OF Atmore, 996 F.2d 1155 (11th Cir. 1993)…conclusion that the same provisions of the Act involved in Baynes are not retroactively applicable to cases .... which were pending but had not resulted in final judgment as of the effective date of the Act.” Curtis v. Metro Ambulance Service, Inc., 982 F. 2d 472, 473-74 (11th Cir.1993). The provisions of the 1991 Act at issue in this case are identical to those at issue in Baynes. Therefore, we are bound by precedent to hold that the 1991 Act does not apply to Goldsmith’s claims, and that the district co…
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Adams v. ST. Lucie Cnty. Sheriff's Dep't, 998 F.2d 923 (11th Cir. 1993)…he automobile in which a misdemeanant and passenger were riding, thereby causing it to crash, killing the passenger. For all of the reasons expressed in the panel opinion reported at 962 F. 2d 1563 (11th Cir.1992), vacated and reh’g en banc granted, 982 F. 2d 472 (11th Cir.1993), I dissent. In effect, the majority holds that common sense is insufficient to inform law enforcement officers that they may not use deadly force against a fleeing misdemeanant. Nevertheless, after this opinion, the law is clearly e…
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- Adams v. ST. Lucie Cnty. Sheriff's Dep't, 962 F.2d 1563 (11th Cir. 1992)