United States Fifth Circuit

Defendants are entitled to qualified immunity on plaintiff's unlawful entry claim. Noncompliance with the knock-and-announce rule was reasonable, given that plaintiff was a known threat to himself and others, had sworn on that same day to kill his sister, and used "The Club" to emulate the sound of a shotgun being primed before raising it and opening the door.

Appellate Information

• Decided 03/22/2004
• Published 03/22/2004

Judges

• EDITH H. JONES, Circuit Judge:, Before GARWOOD and JONES, Circuit Judges, and ZAINEY , District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Beth L. Mitchell (argued), Advocacy Inc., Austin, TX, Chanita Chantaplin-McLelland, Advocacy Inc., Houston, TX, for Plaintiff-Appellee., Fred A. Keys, Jr. (argued), Houston, TX, for Defendant-Appellant.