Melgar v. Greene, No. 08-2393

In plaintiff's 42 U.S.C. section 1983 suit against a police officer and the police department, arising from an incident where plaintiff's lost and intoxicated thirteen-year-old son was bitten by a police patrol dog used by an officer to find him, district court's denial of defendants' motion for summary judgment on basis of qualified immunity is reversed and remanded as, qualified immunity is appropriate because the officer did not violate clearly established law in his search for a missing boy who faced serious potential injury.   

Read Melgar v. Greene, No. 08-2393

Appellate Information

Argued: October 29, 2009

Decided: January 29, 2010

Judges

Opinion by Circuit Judge Wilkinson

Counsel

For Appellant:   William Antoine Snoddy, Office of the County Attorney for Montgomery County

For Appellee:    Terrell Roberts, Roberts & Wood