United States Third Circuit

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Ray v. Township of Warren, 09-4353

In plaintiff's Fourth Amendment claim under 42 U.S.C. section 1983 against several police officers, claiming that the officers violated his Fourth Amendment right against unlawful searches when they entered his home while investigating concerns expressed by his estranged wife about their daughter, district court's grant of summary judgment in favor of the officers based on qualified immunity is affirmed as the officers were acting out of concern for the well-being of the couple's young daughter, and, for that reason, it cannot be said that they acted unreasonably in mistakenly believing that they were permitted to enter the house pursuant to the unclear boundaries of the community caretaking exception at that time.

Appellate Information

  • Argued 10/12/2010
  • Decided 11/23/2010
  • Published 11/23/2010

Judges

  • <a href="http://pview.findlaw.com/view/3332885_1">JORDAN</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/3418366_1">Michael V. Gilberti</a>, <a href="http://pview.findlaw.com/view/3654548_1">Juan C. Fernandez</a>