Legal Opinion
Elder v. Holloway
Court of Appeals for the Ninth Circuit
Decided December 19, 1991No. 91-35146PublishedCited by 19 opinions
1Opinion of the Court
RYMER, Circuit Judge:
This is a 42 U.S.C. § 1983 action in which Charles Elder claims that his constitutional right not to be arrested inside his home without a valid Idaho warrant was violated when law enforcement officers, after setting up armed surveillance, called him to come outside the house and arrested him on the porch. In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry” into the house. The district court found on…
2Cases cited39 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Payton v. New YorkSupreme Court of the United States · 1980
- Hunter v. BryantSupreme Court of the United States · 1991
34 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Amcast Industrial Corporation and Elkhart Products Corporation v. Detrex CorporationCourt of Appeals for the Seventh Circuit · 1993
- James Haynes Camarillo v. Daniel J. McCarthy DirectorCourt of Appeals for the Ninth Circuit · 1993
- Gonzalez v. Lee County Housing AuthorityCourt of Appeals for the Eleventh Circuit · 1998
- Securities and Exchange Commission v. Eurobond Exchange, Ltd., and Gerald L. Rogers, AKA J.K. GlennCourt of Appeals for the Ninth Circuit · 1994
- Elder v. HollowayCourt of Appeals for the Ninth Circuit · 1992
14 more not listed; retrieve them via the Exa API.