Ronald D. Gipe, by His Guardian, George F. Gipe v. John E. Dempsey

Appellant prosecuted this action in district court under 42 U.S.C. § 1983 for an alleged violation of his civil rights. The case was tried to a jury and .submitted on interrogatories. Based on the answers to the interrogatories, the court dismissed the action.

FACTS

For the purposes of this appeal, we can say that the facts are practically undisputed. In Seattle, Washington, on March 22, 1964, Seattle policemen Dempsey and Heins were on patrol in a prowler car. At approximately 2:30 A.M., they received a radio dispatch in connection with a complaint on a disturbance in the appellant’s residence. When they arrived at the scene they heard “loud, profane and obscene language” coming from the Gipe house. Before entering the house, the officers interviewed two people in an automobile in front of the house and a next door neighbor, the source of the complaint. From them it was determined that the yelling and hollering had been emanating from appellant’s home for some time. The officers then approached the front door of the home and knocked. At this time the loud noises inside the appellant’s residence were continuing. Someone opened the door and immediately stepped behind it. The…