Dickerson ex rel. Stephens v. McClellan

MOORE, Circuit Judge.

Appellants, Officer Cory D. McClellan and Sergeant Charles L. Stevens (the “officers”), appeal the district court’s denial of their motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action, brought by the appellees, children of Joel Dickerson who was fatally shot by McClellan when the officers responded to a “shots fired” call at his house. The plaintiffs allege Fourth Amendment violations under § 1983 premised upon the officers’ failure to knock and announce their presence before entering Dickerson’s residence and their claim that the…