Mitchell v. Shearrer, No. 12-1931 (8th Cir. 2013)Annotate this Case
Plaintiff filed suit under 1983 alleging that police officers violated his constitutional rights by arresting him in his home without first obtaining a warrant to do so. The court concluded that plaintiff demonstrated sufficient facts to show a violation of his Fourth Amendment right to be free from unreasonable searches and seizures; a reasonable officer would have known that at the time plaintiff tried to close the door, he stood within his home and thus could not be pulled therefrom and placed under arrest in the absence of exigent circumstances; and, therefore, the court affirmed the district court's order denying qualified immunity as to Defendant Shearer. The court dismissed for lack of jurisdiction plaintiff's cross appeal challenging the grant of qualified immunity as to Defendants Spiker and Bone where the district court has not issued a final decision and the collateral order doctrine did not apply when a party complains that the district court should not have granted summary judgment based on qualified immunity.