Morris v. Bower, No. 13-10434 (11th Cir. 2014)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983 claiming that police officers' conduct in entering his house without a warrant and then arresting him for punching an officer infringed his rights under the Fourth Amendment. The court concluded that the district court properly denied the officers qualified immunity for entering plaintiff's residence without a warrant or anything remotely approaching reasonable suspicion. The court concluded, however, that the district court erred in denying the officers' motions to dismiss the owner's claim for unlawful arrest where the officers' arrest of plaintiff after he punched the officer could not be considered a violation of his Fourth Amendment right not to be seized without probable cause.