Friday, May 10, 2013

Sixth Circuit -- Donnetta Smith v. Stoneburner

Ambiguity as to what the suspect said at the door of the house before police entered is the epitome of a triable fact.

Where narratives are disparate, it's not therefore a close call that should be granted S1983 immunity under lenity, but rather an issue for the trial.

No immunity for warrantless arrest made by reaching across the threshold of the door.

Arrest quite possibly involved excessive force.

Bad faith is a triable question.

 Donnetta Smith v. Stoneburner 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.