DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091484P.pdf 11/09/2009 Wilson Smith v. Officer Troy Taff
U.S. Court of Appeals Case No: 09-1484
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Melloy and Gruender, Circuit Judges]
Civil case - civil rights. District court's determinations on qualified
immunity issues were legal determinations and the court had jurisdiction
over the defendant police officers' interlocutory appeal; at the time of the
incident a reasonable officer would have understood that it was unlawful
to enter a home without a warrant, absent consent or exigent
circumstances, and the officer was not entitled to qualified immunity on
plaintiff's claim that his Fourth Amendment rights were violated; district
court did not err in denying officers' claims that they were entitled to
qualified immunity on plaintiff's excessive force claim as there were
genuine issues as to whether the officers used excessive force in violation
of plaintiff's established Fourth Amendment rights.