795 F.3d 726
7th Cir.2015Background
- Plaintiff sues the City of Evansville and police officers for excessive force in searching Louise Milan's home.
- District court granted summary judgment on related claims; the appellate focus is the excessive-force claim and qualified immunity.
- Police learned of threats against officers from internet postings allegedly emanating from Milan's unsecured wifi network.
- SWAT conducted a front-door entry using flash-bang devices, rushed the house, and handcuffed Milan and her daughter during a search.
- No males were found in the home; investigators later determined the threats came from Derrick Murray outside, aided by Milan's open network.
- The court criticizes the investigators' open-network assumption, premature timing of the raid, and failure to pursue a fuller pre-search investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers are entitled to qualified immunity on the excessive-force claim. | Milan argues the search was unreasonable and the force used was excessive. | Defendants contend reasonable mistake under qualified immunity shields them. | Qualified immunity denied; search unreasonable and precipitate. |
Key Cases Cited
- Estate of Escobedo v. Bender, 600 F.3d 770 (7th Cir. 2010) (flash-bang use must meet strict safety checks)
- Hudson v. Michigan, 547 U.S. 586 (U.S. 2006) (no-knock requirements clarified in warrant execution)
- Anderson v. Creighton, 483 U.S. 635 (U.S. 1987) (objective-reasonableness standard for qualified immunity)