Harris v. O’Hare, et al., No. 12-4350 (2d Cir. 2014)Annotate this Case
Plaintiffs filed suit against the City of Hartford and Officers O'Hare and Pia for damages stemming from the officers' warrantless entry into plaintiffs' home where O'Hare shot and killed the family dog. Because the police officers lacked a warrant or probable cause plus exigent circumstances to invade plaintiffs' curtilage, and because defendants cannot offer any other basis on which the officers' intrusion would be lawful, the court concluded that defendants violated plaintiffs' Fourth Amendment rights; defendants are not entitled to qualified immunity for this violation because, under the undisputed facts, it would not have been objectively unreasonable for them to have believed that their conduct was lawful; and, therefore, the court reversed and remanded for further proceedings.
The court issued a subsequent related opinion or order on November 24, 2014.