Hamen v. Hamlin County
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The Supreme Court reversed the decision of the circuit court denying summary judgment on Plaintiffs' inverse condemnation claim and directed the entry of summary judgment dismissing this the Hamlin County Sheriff and Hamlin County, and, as to Plaintiffs' 42 U.S.C. 1983 claims, reversed the circuit court's denial of summary judgment on the Sheriff's qualified immunity on the excessive force claim, holding that the circuit court erred in part.
Plaintiffs filed a complaint against the County, Sheriff, and other deputies after their mobile home was damaged during the arrest of their son. Plaintiffs sought compensation from the defendants for inverse condemnation and filed a separate claim for deprivation of constitutional rights under section 1983. The circuit court granted summary judgment to the County but denied the other summary judgment motions. The Supreme Court reversed in part, holding (1) damage caused by law enforcement during the arrest of an alleged fleeing felon is not a compensable taking under S.D. Const. art. VI, 13; and (2) the Sheriff was entitled to qualified immunity on Plaintiffs' section 1983 claim.
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