United States Second Circuit

In this case, plaintiffs brought suit against defendant officers for damages stemming from the officers' warrantless entry onto their property, during which defendant O'Hare shot and killed the family dog in front of plaintiff K.H., a twelve-year-old girl. Judgment in favor of defendants is reversed and remanded, where: 1) there was insufficient evidence to support a factual finding of exigent circumstances to justify the warrantless entry; and 2) defendants are not entitled to qualified immunity because, under the undisputed facts, it would not have been objectively reasonable for them to have believed that their conduct was lawful.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

Judges

• Pooler

Court

• United States Second Circuit

Counsel