{"id":5754,"date":"2011-12-27T05:47:27","date_gmt":"2011-07-08T07:22:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-08T07:22:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5754","title":{"rendered":"CA11: Throwing 63 year old grandmother to the ground during drug raid and threatening her with a gun to the head in front yard was protected by qualified immunity"},"content":{"rendered":"

Plaintiff, a 63 year old arthritic woman visiting her son who was pushed to the ground and threatened to be shot in the front yard during a drug raid on the house, had her claim barred by qualified immunity. \u201c[B]ased on the facts alleged, \u2018would [it have been] clear to a reasonable officer that his conduct was unlawful in the situation he confronted\u2019? [Saucier] at 202. [\u00b6] The district court answered the first question in the negative, concluding that the facts alleged by Croom, even if proven to be true, did not establish a Fourth Amendment violation. Though we are sympathetic to Croom\u2019s plight and frustration, after careful consideration, we must agree.\u201d Croom v. Balkwill<\/a>, 645 F.3d 1240 (11th Cir. 2011).* [During a drug raid, apparently it\u2019s appropriate to threaten non-threatening grandmothers wearing only a bathing suit watering the plants (and obviously unarmed) with a handgun to the head.]<\/p>\n

Officers had a search warrant based on probable cause, and they came to defendant\u2019s house, finding him in the front yard, holding his child and standing next to his wife. He pulled out a gun and attempted to hand it to his wife, but it fell to the ground. The observation was valid because the warrant was issued with probable cause. [Not to mention this happened in the front yard and officers saw it as they approached.] United States v. Williams, 2011 U.S. Dist. LEXIS 72434 (M.D. La. July 5, 2011).*<\/p>\n

Defendant was arrested at the threshold and need clothes. A protective sweep was appropriate before he was permitted to get any. United States v. Cooper, 2011 U.S. Dist. LEXIS 72585 (N.D. Ohio March 24, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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