Legal Opinion
Smith v. Kansas City, Missouri Police Department
Court of Appeals for the Eighth Circuit
Decided November 9, 2009No. 09-1484PublishedCited by 60 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Wilson J. Smith sued three officers and the Board of Police Commissioners under 42 U.S.C. § 1983 and state law. The district court 1 granted summary judgment to the Board, but denied qualified immunity to the officers on Smith’s claims of unlawful entry and excessive force. Having ju risdiction under 28 U.S.C. § 1291, this court affirms.
I
At about 1:00 a.m. on December 12, 2006, officers Troy Taff, Manuel Anchondo, and Lee Malek responded to an emergency call. A woman told them she had been assaulted by her boyfriend, Terry C. Smith, Sr. She appeared to have been in a…
2Cases cited33 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Payton v. New YorkSupreme Court of the United States · 1980
- Brosseau v. HaugenSupreme Court of the United States · 2004
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3Cited by60 opinions
- Ash-har Quraishi v. Deputy Michael AndersonCourt of Appeals for the Eighth Circuit · 2021
- Bettie Smith v. City of MinneapolisCourt of Appeals for the Eighth Circuit · 2014
- Ellison Ex Rel. Estate of Ellison v. LesherCourt of Appeals for the Eighth Circuit · 2015
- Stamps Ex Rel. Estate of Stamps v. Town of FraminghamCourt of Appeals for the First Circuit · 2016
- Shekleton v. EichenbergerCourt of Appeals for the Eighth Circuit · 2012
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