Monday, December 03, 2012

Ninth Circuit -- DRENDOLYN SIMS V. MIKE STANTON

Front gate to small lawn is quintessential curtilage.

Police officer's kicking in of front gate (onto homeowner) while pursuing someone who was evading questioning about a baseball bat incident was not justified by exigency or emergency.  (Suspect was not carrying a baseball bat.)

Policeman had fair notice of clearly established right for purposes of S1983.


DRENDOLYN SIMS V. MIKE STANTON
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.