HELM v. RAINBOW CITY, ALABAMA

No. 19-11569.

989 F.3d 1265 (2021)

Michelle Lee HELM, Individually and as Guardian and next friend of TDH, a minor child, Plaintiff-Appellee, v. RAINBOW CITY, ALABAMA, et al., Defendants, Greg Carroll, Chief of Police, Rainbow City, Alabama, James Fazekas, Individually and in his official capacity as a member of the Rainbow City Police Department, George Morris, Individually and in his official capacity as a member of the Rainbow City Police Department, Timothy Kimbrough, Justin Gilliland, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 10, 2021.


Attorney(s) appearing for the Case

Hoyt Gregory Harp , Gregory Harp, LLC, Trussville, AL, Moses O. Stone , Stone Law Firm, LLC, Birmingham, AL, for Plaintiff-Appellee.

Charles David Stubbs , Stubbs Sills & Frye, PC, Anniston, AL, for Defendants-Appellants Greg Carroll, George Morris, James Fazakas, Timothy Kimbrough.

Allen L. Anderson , F&B Law Firm, PC, Huntsville, AL, Allison B. Chandler , Lanier Ford Shaver & Payne, PC, Huntsville, AL, for Defendant-Appellant Justin Gilliland.

Before JORDAN, LAGOA, and BRASHER, Circuit Judges.


At the age of fifteen, a moving car hit T.D.H. as she walked home from a friend's house. T.D.H. sustained head trauma from the accident that now causes her to experience grand mal seizures, during which her body stiffens, her arms and legs flail, she spits and sometimes vomits, her eyes roll back, her head shakes rapidly, and...

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