United States Eleventh Circuit

In civil rights action alleging false arrest after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, denial of summary judgment is reversed where, although defendant deprived plaintiff of her constitutional rights, he is nonetheless entitled to qualified immunity as at the time defendant acted, the law did not give a reasonable officer fair and clear warning that a civil commitment order does not present circumstances sufficiently exigent to excuse the warrantless entry and search of an unrelated third party's home.

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• WILSON, Circuit Judge:, Before TJOFLAT, HULL and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jason C. Waymire, Terry Eugene Williams, Terry Williams & Associates, P.C., Buford, GA, for Harvey.


• For Appellees:
  
• William J. Atkins, Eleanor Mixon Attwood, Parks, Chesin & Walbert, P.C., Atlanta, GA, for Plaintiffs-Appellees.