Humphrey

Humphrey v. Lane County

Good Law
35 F. App'x 538
United States Court of Appeals for the Ninth CircuitMay 16, 2002No. 00-36036; D.C. No. CV-99-06222-TCCalifornia896 words

Opinion

Lead Opinion

MEMORANDUM ***

Neva Darlene Humphrey appeals the district court’s grant of summary judgment in favor of the individual defendants, Deputy E. Collins, Sergeant Matt Keetle and Deputy Andrea Larsen, in Humphrey’s 42 U.S.C. § 1983 action alleging that defendants violated her Fourth Amendment rights when Collins wrongfully entered her house without a warrant, damaging a wall and door in the process. Humphrey disputes the district court’s findings that defendants were entitled to the defense of qualified immunity, contending that: (1) the emergency doctrine was clearly established so as to give the defendants fair warning that their conduct was unconstitutional; and (2) under this clearly established law, no police officer under the circumstances could have reasonably believed that the defendants’ conduct was constitutional.

The law regarding the emergency doctrine was not clearly established at the time in question, and thus we do not reach whether it was reasonable for defendants to believe their conduct—a warrantless entry into Humphrey’s home pursuant to a *539 welfare check—was constitutional. We affirm.

We review the district court’s grant of qualified immunity de novo.…

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