Kalmas v. Wagner

(dissenting) — I do not quarrel with the majority’s recitation of the facts or its description of the elements necessary to establish a cause of action under 42 U.S.C. § 1983.1 disagree, however, with its conclusion that respondents Kalmas and Sharpe failed to establish the first element of their § 1983 suit—that their federal constitutional rights were violated. In my view, their claim that their Fourth Amendment rights were violated may be premised on the entry into their home by both the property manager, Russi, and Deputy Jones because both entries, when viewed factually in the light most…