Carlos RAMIREZ, Jasmaine Rodriguez Ramirez, Plaintiffs-Appellees, v. Grady JUDD, Sheriff of Polk County, in his official capacity, Warner Anthony Burgess, in his individual capacity, Defendants-Appellants, Paul Allen McLeod, in individual capacity, Defendant, 610 F. App'x 959

PER CURIAM: This appeal stems from a citizen-police encounter. Defendant Burgess, an officer in the Polk County, Florida, Sheriffs Office, contends that the District Court erred in denying him qualified immunity as to plaintiff Carlos Ramirez’s claim, brought under 42 U.S.C. § 1983, that Burgess used excessive force in violation of the Fourth Amendment in arresting him on the night of July 28, 2010. We disagree. Taking the evidence in the record in the light most favorable to Ramirez, we conclude that a reasonable jury could find that Burgess used excessive force as Ramirez contends. AFFIRMED. .

The Fourth Amendment right against "unreasonable searches and seizures” is applicable to the States and local governments. See Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). . Defendant Judd asks us to exercise pendant appellate jurisdiction and reverse the District Court’s denial of his motion for

summary judgment on Ramirez's state tort law claims of assault and battery. We decline his request.