Smith v. Kansas City Police Dep't., No. 09-1484

In a 42 U.S.C. section 1983 action alleging unlawful entry and excessive force by police, denial of summary judgment based on qualified immunity for defendants is affirmed where: 1) the presence of a domestic violence suspect did not alone justify defendant's warrantless entry; and 2) on all the facts alleged, including the lack of exigent circumstances, the lack of an immediate safety threat, and the lack of active resistance to arrest, a jury could find that defendant's use of force was not objectively reasonable.

Read Smith v. Kansas City Police Dep't., No. 09-1484

Appellate Information

Submitted: September 24, 2009

Filed: November 9, 2009

Judges

Opinion by Judge Benton