Tiedric Hurston v. City of Lagrange, Georgia, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-10923
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D.C. Docket No. 3:12-cv-00058-TCB
TIEDRIC HURSTON,
Plaintiff - Appellant,
versus
CITY OF LAGRANGE, GEORGIA,
LOUIS M. DEKMAR,
in his official and individual capacity as
Chief of Police for the City of LaGrange,
K-9 UNIT 323,
OFFICER M. BARTON,
Individually and in his official capacity,
OFFICER PATTEN,
Individually and in his official capacity,
JOHN DOE,
In his official and individual capacity,
Defendants - Appellees.
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Appeal from the United States District Court
for the Northern District of Georgia
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(February 18, 2014)
Case: 13-10923 Date Filed: 02/18/2014 Page: 1 of 2

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Before TJOFLAT, WILSON and RIPPLE,∗ Circuit Judges.
PER CURIAM:
Tiedric Hurston filed a complaint for damages against Corporal Barton,
Officer Patton, and Chief Louis Dekmar of the City of LaGrange Police
Department alleging violations of his constitutional rights under 42 U.S.C. § 1983.
Hurston alleged that Officer Barton used excessive force in violation of the Fourth
Amendment after searching for Hurston pursuant to a felony warrant, and that
Barton permitted a K-9 to attack him after he was handcuffed. The district court,
applying Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865 (1989), concluded that
Barton’s use of force was objectively reasonable, granted him qualified immunity,
and entered summary judgment on behalf of all Defendants. Hurston appeals.
After considering the parties’ briefs and entertaining oral argument, we find no
merit in the appeal, and therefore affirm the summary judgment.
AFFIRMED.
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*Honorable Kenneth F. Ripple, United States Circuit Judge for the Seventh Circuit,
sitting by designation.
Case: 13-10923 Date Filed: 02/18/2014 Page: 2 of 2

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