http://www.naplesnews.com/news/2007/apr/11/federal_judge_says_deputies_acted_properly_rush_gu/ - Judge says deputies acted properly in Rush guitarist fracas : "U.S. District Judge Paul A. Magnuson has ruled against the civil claims brought against Collier deputies by Alex Zivojinovich...Zivojinovich, his son, Justin, and daughter-in-law, Michelle, had filed suit, alleging that the deputies violated their civil rights based on 'illegal detention' and 'excessive force.' But Magnuson, in his ruling issued through the U.S. District Court Middle District of Florida’s Fort Myers division, didn’t agree. The judge ruled that the deputies’ actions 'we’re objectively reasonable.' 'In sum, the plaintiffs have not established that any of the defendant deputies violated their constitutional right to be free of excessive force,' Magnuson wrote in his recent ruling. The judge ruled that the deputies are entitled to qualified immunity on all of the excessive force claims. Magnuson’s ruling means the trial that was slated to occur this month won’t take place. The judge also ruled that the Ritz hotel and its security employee, Frank Barner, weren’t negligent in the case...And the judge ruled that Barner didn’t use excessive force on Justin Zivojinovich when he handcuffed him with Deputy Christopher Knott’s permission...Despite the recent ruling, the Zivojinoviches aren’t ready to give up on their civil case. Zivojinovich’s Naples defense lawyer, Michael McDonnell, said he plans to appeal. The deputies’ attorney, Fort Lauderdale attorney Richard Giuffreda, said he believes this judge’s ruling will be affirmed by the 11th Circuit Court of Appeals in Atlanta, which is a court one notch down from the U.S. Supreme Court. Magnuson’s ruling also dismissed 'without prejudice' deputy Knott’s battery claim against Alex Zivojinovich, which means it can be revised and filed again. 'I have to refile it (that case) in state court. It is going to proceed forward,' Giuffreda said. Stanford, who suffered injuries after tumbling down the stairwell with Alex Zivojinovich during the scuffle, also has a pending lawsuit against him in state court. 'It’s been very stressful for them (the deputies) that they have been accused of these things falsely, and they are very happy this is behind them, at least at this point,' Giuffreda said." - Naples Florida News, Apr. 11, 2007