Trent v. Wade, No. 13-10960 (5th Cir. 2015)
Annotate this CasePlaintiffs, members of the Trent family, filed suit against police officers under 42 U.S.C. 1983, alleging violations of their Fourth Amendment rights to be free from unreasonable searches and seizures. After Defendant Wade, a patrol officer, was involved in a high speed chase with a Trent family member, he entered and searched the Trents' home without knocking and announcing his presence, and then seized and impounded the Trents' ATV. Plaintiffs alleged that Defendant Walling, in his official capacity as Chief of Police, is a policymaker for the city and is liable under under Monell v. Department of Social Services of the City of New York. The court affirmed the district court's denial of the motion for summary judgment as to plaintiffs' claim against Wade for the no-knock entry where there was a genuine issue of material fact as to whether a reasonable officer would have taken into consideration that the other occupants at the home, at 2:00 a.m., were awake and aware of his authority and purpose; reversed as to plaintiffs' claim against Wade for the seizure of the ATV where Texas law allowed Wade to seize the ATV and where he was lawfully present on plaintiffs' property when he effected the seizure; and dismissed the appeal as to Walling for lack of jurisdiction because qualified immunity is not at issue in the claim against him.
The court issued a subsequent related opinion or order on January 29, 2015.
The court issued a subsequent related opinion or order on September 15, 2015.
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