Summary
The Sixth Circuit affirmed the district court's denial of summary judgment for Deputy Justin Due on a § 1983 claim alleging unlawful warrantless entry into the plaintiff's home and excessive force. Reviewing de novo, the court held that a reasonable jury could find the officer lacked an objectively reasonable basis for exigent circumstances to justify entering the garage without a warrant. Additionally, the court found sufficient evidence to submit the excessive force claims to a jury, concluding the officer's conduct was not protected by qualified immunity.
Topics
Practice areas
Questions Presented
- Whether Deputy Due’s warrantless entry into Hoover’s home was justified by exigent circumstances under the Fourth Amendment.
- Whether Deputy Due’s use of force after entering the home was excessive under the Fourth Amendment.
- Whether Deputy Due is entitled to qualified immunity on either claim.
Holdings
- The court held that no exigent circumstances existed; the warrantless entry was unlawful.
- The court held that the force used was excessive because it was employed to effectuate an unlawful entry.
- The court denied qualified immunity, finding that the constitutional violations were clearly established.
Key quotations
“The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . .”” (Page 8)
“A warrantless entry into a home without an exception to the warrant requirement violates clearly established constitutional law.” (Page 13)
Factual background
Deputy Justin Due responded to a 911 call reporting a domestic dispute and a threat with a gun at Michael Hoover’s residence. Upon arrival he was met by several women, entered the garage and home without a warrant, ordered Hoover to show his hands, and after Hoover complied, Due pushed him, punched him, and continued to use force despite learning that Hoover had not threatened anyone with a gun.
Procedural history
The district court denied both parties’ motions for summary judgment. Defendant‑Appellant Justin Due appealed the denial, asserting qualified immunity.