Opinion

Harveston v. Cunningham

  • 216 F. App'x 682
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 5, 2007
Status
Published
Author
Schroeder
On the bench
Bea, Schroeder, Tallman
Cited by
1 cases

The opinion

SCHROEDER, Chief Judge,

dissenting:

I respectfully disagree with the conclusion that on this record the officers are entitled to immunity. There is conflicting evidence in the record as to whether the officers were told that someone inside needed help. If the officers had information that someone inside needed help, even though there was no visible or audible disturbance at the scene when they arrived, qualified immunity would be proper. The dispatch report in the circumstances of this case is not sufficient to justify immunity for a warrantless entry into a residence. In my view there is a disputed issue of material fact and for that reason I cannot join the majority’s disposition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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