United States Seventh Circuit

In a 42 U.S.C. section 1983 suit filed by a personal representative of an estate against a city and individual members of the city's police department claiming excessive force arising from the shooting death of an individual, district court's denial of defendants' motion for summary judgment is affirmed as, taking the facts as the district court presented them, the district court did not err in finding that the individual officers were not entitled to qualified immunity for their decision to use tear gas to extricate plaintiff from his apartment and their decision to use more tear gas and flash bang grenades to enter his apartment.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

Court

• United States Seventh Circuit

Counsel