WARREN LEE HILL, JR., PETITIONER-APPELLANT,
v.
DERRICK SCHOFIELD, RESPONDENT-APPELLEE
WARREN LEE HILL, JR., PETITIONER-APPELLANT,
DERRICK SCHOFIELD, RESPONDENT-APPELLEE
625 F.3d 1313
Court of Appeals for the Eleventh Circuit (2010)
Caution
Cited by 20 cases
Opinion of the Court
BY THE COURT: A member of this Court in active service having requested a poll on the suggestion of 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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Citator
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Hill v. Humphrey, 662 F.3d 1335 (11th Cir. 2011)…doubt standard for mental retardation violates the Eighth and Fourteenth Amendments. The district court denied relief. Hill appealed. A panel of this Court reversed, and we granted en banc rehearing and vacated the panel opinion. Hill v. Schofield, 625 F. 3d 1313 (11th Cir.), vacating Hill v. Schofield, 608 F. 3d 1272 (11th Cir. 2010). As stated earlier, the sole question before the en banc Court is whether the Georgia Supreme Court’s decision in Hill III — holding that Georgia’s reasonable doubt standard do…
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Fils v. City OF Aventura, 647 F.3d 1272 (11th Cir. 2011)…any material fact.” Fed.R.Civ.P. 56(a). To determine whether the Defendants are entitled to judgment as a matter of law, we accept the Plaintiffs’ version of the facts and draw all justifiable inferences in their favor. Pourmoghani-Esfahani v. Gee, 625 F. 3d 1313, 1315 (11th Cir.2010) (per curiam). We analyze the Defendants’ qualified-immunity defense under a two-part framework. First, we determine whether the Plaintiffs’ allegations, and the evidence viewed in their favor, establish a constitutional violat…
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Shaw v. City OF Selma, 884 F.3d 1093 (11th Cir. 2018)…863 (quotation marks and alterations omitted). But in cases where a video in evidence "obviously contradicts [the nonmovant's] version of the facts, we accept the video's depiction instead of [the nonmovant's] account," Pourmoghani-Esfahani v. Gee, 625 F. 3d 1313, 1315 (11th Cir. 2010), and "view[ ] the facts in the light depicted by the videotape," Scott, 550 U.S. at 380-81, 127 S.Ct. at 1776. III. A. The estate contends that Williams is not entitled to qualified immunity because he used excessive force w…
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