Michael Knight, et al. v. Officer Ryan Robinson, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-14633
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D.C. Docket No. 1:09-cv-23462-EGT
MICHAEL KNIGHT,
through Cheryl Denise Kerr,
as Personal Representative
and Next-of-Kin,
LATASHA CURE,
Plaintiffs - Appellees,
versus
MIAMI-DADE COUNTY,
a Florida County and Political
Subdivision of the State of Florida, et al.,
Defendants,
OFFICER RYAN ROBINSON,
Individually and as an Officer of the
Miami-Dade Police Department,
MICHAEL MENDEZ,
Individually and as an Officer of the
Miami-Dade Police Department,
Defendants - Appellants.
Case: 12-14633 Date Filed: 12/19/2013 Page: 1 of 2

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Appeal from the United States District Court
for the Southern District of Florida
________________________
(December 19, 2013)
Before CARNES, Chief Judge, WILSON and FAY, Circuit Judges.
PER CURIAM:
The issue in this case is whether the district court erred in denying summary
judgment based on qualified immunity to Officers Ryan Robinson and Michael
Mendez of the Miami-Dade Police Department. The officers assert that the court
should have disregarded Latasha Cure’s deposition testimony under the sham
affidavit rule and then granted summary judgment to them based on their qualified
immunity defense. Assuming that the sham affidavit rule applies in these kind of
circumstances, we conclude that the district court did not abuse its discretion in
refusing to disregard Latasha Cure’s deposition as a sham, and the district court did
not err in finding that there was a genuine issue of material fact requiring that the
defendants’ motion for summary judgment be denied. We therefore affirm the
denial of summary judgment.
Case: 12-14633 Date Filed: 12/19/2013 Page: 2 of 2

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