Court of Appeals for the Eleventh Circuit April 14, 2009, No. 08-15936 (Brown v. Byerly)

PER CURIAM:

Charles Byerly appeals the district court’s denial of his motion to dismiss based on the defense of qualified immunity. On appeal, Byerly argues the district court should have granted his motion for the following reasons: (1) he was acting within the scope of his discretionary authority, (2) the complaint does not establish a constitutional violation because Appellee Malissa Brown was