Dennis Brenay, Sr. v. Michael Schartow

I agree with the majority’s holding that the district court erred in finding that Officer Troy Sierras was entitled to qualified immunity on Plaintiffs’ warrantless entry claim. I write separately, in part, because I disagree with the majority’s conclusion that Plaintiffs waived their malicious prosecution claim against both officers on appeal. Moreover, I would hold that the district court improperly granted summary judgment to the officers on the malicious prosecution claim and thus would reverse the judgment of the district court.

Instead of resolving the issue on the merits, the majority…