Legal Opinion

Treneshia Dukes v. Nicholas Deaton

Court of Appeals for the Eleventh Circuit

Decided January 26, 2017No. 15-14373PublishedCited by 85 opinions

1Opinion of the Court

WILLIAM PRYOR, Circuit Judge:

This appeal requires that we decide whether a police officer who threw a diversionary device, known colloquially as a “flashbang,” into a dark room occupied by two sleeping individuals, without first visually inspecting the room, is entitled to qualified immunity against a complaint of excessive force, 42 U.S.C. § 1983, and to official immunity against a complaint of assault and battery. At dawn, officers of the Clayton County, Georgia, Narcotics Unit executed a search warrant for Jason Ward’s apartment. Ward and his girlfriend, Treneshia Dukes, were asleep in his…

2Cases cited27 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Hope v. PelzerSupreme Court of the United States · 2002

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3Cited by85 opinions

  1. Nilesh S. Patel v. James SmithCourt of Appeals for the Eleventh Circuit · 2020
  2. Ethan James Charles v. Jeff JohnsonCourt of Appeals for the Eleventh Circuit · 2021
  3. Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
  4. In re: Courtney WildCourt of Appeals for the Eleventh Circuit · 2021
  5. Jerry Nelson v. Keyvon SellersCourt of Appeals for the Eleventh Circuit · 2024

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