United States First Circuit

Dismissal, on grounds of qualified immunity, of a suit alleging violation of plaintiff's Fourth Amendment rights is reverse where: 1) plaintiff established that federal agents acting under federal law unconstitutionally entered his home; 2) the defendants were on notice that their entry was in violation of clearly established law; 3) an objectively reasonable official would have known that the entry violated plaintiff's clearly established rights; and 4) partial judgment on the pleadings for plaintiff is appropriate since defendants did not present any evidence of additional facts that might refute or undermine plaintiff's pleadings.

Appellate Information

• Decided 02/22/2008
• Published 02/22/2008

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Chief Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher DeMayo, pro se, was on brief for appellant.


• For Appellees:
  
• Brian J. Rogal was on brief for appellees.