Chuman

The plaintiffs filed this 42 U.S.C. § 1983 action against various law enforcement officers alleging Fourth Amendment violations during the execution of a valid search warrant. The jury found against only two defendants, one of whom subsequently settled with the plaintiffs. The remaining defendant, Mark P. Fronterotta, contends that the court erred in failing to grant him qualified immunity and in giving improper instructions to the jury. He also contends that he is entitled to an offset of attorneys’ fees due to the other officer’s settlement with the plaintiffs. The plaintiffs contend on cross-appeal that the court erred in ordering remittitur of their punitive damages award. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that the court erred in giving an improper jury instruction and that the error was not harmless. Therefore, we do not reach the remaining issues.

I.

BACKGROUND

On May 11,1989, approximately 60 officers from various law enforcement agencies executed a valid search warrant on the home of Robert Chuman. Chuman’s girlfriend, Nancy Woo, lived in the residence at that time. Kyle Townson lived in a guest home in the back of the residence. A SWAT…