United States Fifth Circuit

In a section 1983 suit arising from a failed search of plaintiff's home, defendants are denied qualified immunity where material issues of fact exist as to their conduct during the forcible entry of the home.

Appellate Information

• Decided 08/17/2005
• Published 08/18/2005

Judges

• E. GRADY JOLLY, Circuit Judge:, Before REAVLEY, JOLLY and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James R. Logan, IV (argued), Isaac Harris Soileau, Jr. (argued), Logan & Soileau, New Orleans, LA, for Plaintiffs., James B. Mullaly, New Orleans, LA, Franz L. Zibilich (argued), Martiny & Caracci, Metairie, LA, for Kevin Guillot and Paul Toye., Mary Ann Hand (argued), Salvador E. Gutierrez, Jr., Gutierrez & Hand, Chalmette, LA, for Mike Hermann, Harrell Clark and Shennandoah Jones., Lowell V. Sturgill, Jr. (argued), U.S. Dept. of Justice, Civil Div.-Appellate Staff, Washington, DC, for Eric Levis.