Linicomn v. City of Dallas

The Fifth Circuit affirmed the district court's grant of defendants' motion for judgment on the pleadings in a 42 U.S.C. 1983 action brought by plaintiff, alleging that police officers violated his Fourth Amendment rights by forcibly entering his house without a warrant, without his consent, and without reason to believe that any person inside was in imminent danger of harm; and by assaulting and arresting him with excessive force. Although the court found plausible plaintiff's allegations that the officers' warrantless entry into his house violated his Fourth Amendment right, the court could not conclude under the second prong of the qualified immunity analysis, that this right was clearly established under the circumstances of this case at the time of the officers' entry. Therefore, the officers were entitled to qualified immunity. View "Linicomn v. City of Dallas" on Justia Law