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[DO NOT PUBLISH]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
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No. 17-12615
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D.C. Docket No. 6:15-cv-00880-RBD-TBS
JERMAINE KENT,
Plaintiff - Appellee,
versus
JUAN VARGAS,
Officer,
Defendant,
ZACHARY BROWN,
Officer,
Defendant - Appellant.
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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.