Bonivert v. City of Clarkston, No. 15-35292 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit reversed the district court's grant of summary judgment in favor of officers in a 42 U.S.C. 1983 action. Plaintiff filed suit alleging that officers violated his Fourth Amendment rights when they forced their way into his home without a warrant, threw him to the ground and then tasered and arrested him. In Georgia v. Randolph, 547 U.S. 103 (2006), the Supreme Court held that a warrantless search was unreasonable as to a defendant who was physically present and expressly refused consent to entry. The panel held that Randolph closely paralleled this case, and the warrantless entry into plaintiff's home violated the Fourth Amendment because none of the lawful exceptions to the warrant requirement applied. Accordingly, the court remanded for further proceedings.
Court Description: Civil Rights The panel reversed the district court’s grant of summary judgment on qualified immunity grounds and remanded in a 42 U.S.C. § 1983 action in which plaintiff alleged that police officers violated his Fourth Amendment rights when they forced their way into his home without a warrant, threw him to the ground and then tasered and arrested him. The panel held that the scenario in this case closely paralleled Georgia v. Randolph, 547 U.S. 103 (2006), where the Supreme Court held that a warrantless search was unreasonable as to a defendant who is physically present and expressly refuses consent to entry. Following the Court’s reasoning, the panel concluded that the warrantless entry into plaintiff’s home violated the Fourth Amendment as none of the lawful exceptions to the warrant requirement applied. The panel further held that the evidence did not justify the district court’s conclusion that “no reasonable jury could find the use of force within the home excessive.” The
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