WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids by Radley Balko. “Yet local officials don’t seem to mind.” The case:
Despite officers’ deposition testimony that they announced before entry shooting plaintiff nine times (with $6-17M in medicals over his lifetime), the plaintiff’s own surveillance video of the door shows nobody’s lips moving. Announcement is a question for the jury. Moreover, defendants show nothing to support their claim of exigent circumstances for not announcing as an alternative argument. There are also fact questions for trial on whether plaintiff was armed as the officers said. First they said he fired at them, but his gun hadn’t been fired. Then they said he pointed the gun at them. The officers do not get qualified immunity for the alleged failure to knock-and-announce which is fact dependent. The city’s indifference overcomes Monell for city liability. Betton v. Knowles, 4-15-CV-04638-AMQ-KDW (D. S.C. May 21, 2018) (R&R).