Estate of Brown v. Thomas, No. 14-1867 (7th Cir. 2014)
Annotate this CaseBrown, age 22, was in his Green Bay apartment with two friends, when there was knocking on his door and a yell of “police, search warrant!” As the police began to force open the front door, Brown ran upstairs to his bedroom and grabbed an unloaded shotgun. Police followed. As they reached the top of the stairs they saw him standing in the bedroom pointing the shotgun at them. Officer Secor shot Brown dead. The district court granted summary judgment in favor of the defendants in the estate’s suit under 42 U.S.C. 1983 that claimed that the police search was executed in an unreasonable manner. According to the estate, when Brown peered out of his front window after the knocking, he saw Secor—holding an automatic rifle, dressed in a dark hoodie, with long hair, earrings, a goatee, and sideburns,. Brown turned yelled “What the … we are getting robbed again” and fled upstairs. The estate argued that the police had no need to conduct the search after dark because they were looking for some loot of modest value. The Seventh Circuit affirmed, upholding the trial court’s rejection of a report by plaintiff’s expert, criticizing police procedure.
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