Scott Thompson v. Sheriff, Pinellas County FL, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10754
Non-Argument Calendar
____________________
SCOTT THOMPSON,
Plaintiff-Appellant,
versus
SHERIFF, PINELLAS COUNTY FL,
SEAN GILROY,
individually,
RANDY SHEPHERD,
individually,
Defendants-Appellees,
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2 Opinion of the Court 22-10754
DEPUTY LEWIS,
individually,
Defendant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cv-03039-SCB-AAS
____________________
Before L AGOA , BRASHER , and ANDERSON, Circuit Judges.
PER CURIAM:
Scott Thompson appeals the district court’s grant of sum-
mary judgment in favor of Defendants, which rejected Thomp-
son’s claims of excessive force and battery against deputy sheriffs
Randy Shepherd and Sean Gilroy, and his state law claim against
Sheriff Gualtieri for vicarious liability for the alleged battery com-
mitted by Shepherd and Gilroy. After careful review of the briefs
and relevant parts of the record (including videos of the entire inci-
dent), we are in full agreement with the comprehensive order of
the district court dated February 10, 2022, granting summary judg-
ment for all three defendants. We adopt the district court’s order
and affirm on the basis thereof.
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22-10754 Opinion of the Court 3
We agree with the district court that Thompson’s version of
the events is “blatantly contradicted” by the videos. Accordingly,
we agree with the district court that the facts of this case should be
viewed as depicted in the videos. And, when Thompson—actively
resisting being handcuffed—stood on the chair with his body lean-
ing over the wall, no reasonable officer in these deputies’ shoes
would have concluded that the subsequent takedown would be un-
constitutional. Because Thompson’s claims against the deputies
fail, his claim of vicarious liability on the part of the Sheriff also fails.
For the foregoing reasons and for the reasons set out in the
district court’s order, the judgment of the district court is
AFFIRMED.
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