Everette Weaver v. David R. Ellsperman , 589 F. App'x 481 ( 2014 )

Case: 14-11224 Date Filed: 12/17/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11224
Non-Argument Calendar
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D.C. Docket No. 5:13-cv-00108-ACC-PRL
EVERETTE WEAVER,
Plaintiff-Appellant,
versus
DAVID R. ELLSPERMAN,
Clerk of the Circuit Court,
Defendant-Appellee,
ROBERT L. BRENAN, et al.,
Defendants.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 17, 2014)
Before TJOFLAT, HULL and ROSENBAUM, Circuit Judges.
Case: 14-11224 Date Filed: 12/17/2014 Page: 2 of 2
PER CURIAM:
This appeal is from the District Court’s order of February 18, 2014, (1)
dismissing Everette Weaver’s Second Amended Complaint against David R.
Ellsperman 1 for failure to state a claim for relief and (2) denying Weaver’s motion,
which the District Court treated as a petition for writ of mandamus, that the District
Court direct the U.S. Attorney for the Middle District of Florida to initiate a
criminal investigation. Doc. 33. We find no merit in the appeal for the reasons
stated by the District Court in its February 18, 2014 order, and therefore affirm the
court’s judgment.
AFFIRMED.
1
Ellsperman is Clerk of the Circuit Court of Marion County, Florida. There is no
dispute that at all relevant times, he was acting within the scope of his discretionary authority.
Insofar as the Second Amended Complaint alleges that Ellsperman violated Weaver’s federal
constitutional rights, to recover against Ellsperman on those allegations Weaver had to show that
the rights purportedly violated were clearly established at the time Ellsperman engaged in the
conduct complained of. Randall v. Scott, 610 F.3d 701, 715 (11th Cir. 2010). Absent such
showing, Ellsperman was entitled to qualified immunity. As the District Court properly held,
Weaver failed to make the required showing.
2