101407P.pdf   03/28/2011  Jelitha McKenney  v.  Lance Harrison
   U.S. Court of Appeals Case No:  10-1407
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Wollman and Murphy, Circuit
   Judges]
   Civil case - Civil rights. Officers had an objectively reasonable belief
   that the house in which plaintiff's decedent was found was abandoned,
   and entry into an abandoned property did not violate plaintiff's
   decedent's clearly established constitutional rights; despite the fatal
   consequences of an officer's decision to tase plaintiff's decedent, the
   level of force employed was not unreasonable; plaintiff's state-law claim
   that the officers were negligent in deploying the Taser was properly
   dismissed based on sovereign immunity; because the court properly
   dismissed the excessive force claims against the officers for lack of a
   constitutional violation, there can be no municipal liability, and the court
   did not err in dismissing the claim that the City was liable for negligently
   failing to train and supervise the officers and in failing to develop and
   implement appropriate procedures governing deployment of Tasers.
   Judge Murphy, concurring.