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Garner v. City of Ozark

United States Court of Appeals for the Eleventh Circuit
587 F. App'x 515 (2014)


Wynter Stokes, an autistic man, left his residence and wandered down the street and into the yard of a private residence. Officer Dodson responded to a call from the residence’s owner and injured Stokes in the process of apprehending him. Spring Garner (plaintiff), as the parent of Stokes, brought suit on Stokes’s behalf against both Dodson and the City of Ozark (defendants), alleging multiple claims of excessive force, assault, and battery. Dodson and the city filed a motion for summary judgment on all claims on the basis of qualified immunity. In response, Garner filed a Federal Rule of Civil Procedure (FRCP) 56(d) motion for additional discovery, along with an affidavit stating that she needed to present expert witnesses in order to adequately respond to the motion. The district court granted Garner’s FRCP 56(d) motion for additional discovery and, as a result, denied Dodson’s and the city’s motion for summary judgment. Dodson and the city appealed.

Rule of Law


Holding and Reasoning (Per curiam)

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