Sherrie Sandau v. John Wood

MEMORANDUM

Appellant Sherrie Sandau appeals the district court’s denial of her motions for a directed verdict and judgment notwithstanding the verdict, and various other rulings relating to the jury trial of her § 1983 claims surrounding the entry into her house and the manner of her arrest. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Sandau argues that the district court erred in denying her motions under Rule 50 alleging that Officer Wood violated the Fourth Amendment by entering her house without a warrant. We disagree. The district court correctly ruled that a jury reasonably could have found that Officer Wood’s actions fell within the emergency exception to the warrant requirement. See Brigham City, Utah v. Stuart, 547 U.S. 398, 403-406 , 126 S.Ct. 1943 , 164 L.Ed.2d 650 (2006) (holding that police officers may enter a home to prevent serious injury to persons or property).

Second, Sandau argues that the district court erred in denying her motion for judgment as a matter of law arguing that Officer Wood violated the Fourth Amendment in the manner in which she was arrested. Again we disagree. The district court correctly ruled there was…