Woodward v. City of Tucson

The Ninth Circuit reversed the district court's denial of qualified immunity to two police officers in an action alleging claims under 42 U.S.C. 1983 for unconstitutional seizures and use of excessive force. In this case, officers entered into a vacant apartment without a warrant and used deadly force on Michael Duncklee, who aggressively attacked them while growling and brandishing a broken hockey stick inside the apartment. The panel reversed the denial of qualified immunity regarding the warrantless entry and seizure of the apartment, because Duncklee had no reasonable expectation of privacy while trespassing in the apartment. The panel also reversed the denial of qualified immunity regarding the seizure of and use of force on Duncklee, because it was not clearly established that defendants' actions violated a constitutional right. Finally, the panel reversed the district court's partial grant of summary judgment in favor of plaintiff. View "Woodward v. City of Tucson" on Justia Law