United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging unlawful entry and excessive force by police, denial of summary judgment based on qualified immunity for defendants is affirmed where: 1) the presence of a domestic violence suspect did not alone justify defendant's warrantless entry; and 2) on all the facts alleged, including the lack of exigent circumstances, the lack of an immediate safety threat, and the lack of active resistance to arrest, a jury could find that defendant's use of force was not objectively reasonable.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• BENTON, Circuit Judge., Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Virginia H. Murray, Asst. Atty. Gen., Kansas City, MO, argued (Chris Koster, Atty. Gen., Ryan Bertels, Asst. Atty. Gen., Jefferson City, MO, on the brief), for appellants.


• For Appellees:
  
• Samuel M. Wendt, Wendt Goss, P.C., Kansas City, MO, argued (Peter E. Goss, Wendt Goss, P.C., Brian F. McCallister, Christopher J. Lawler, The McCallister Law Firm, P.C., Kansas City, MO, on the brief), for appellee.