Sixth Circuit: James Williams v. Brian Maurer

 

Since the defts didn't move for summary judgment on the False Arrest claim along with the plaintiff in the S1983 claim, summary judgment for the plaintiff isn't reviewable at the interlocutory stage, since it doesn't relate to the assertion of qualified immunity.  Pendent jurisdiction would be inapporpriate, as the False Arrest claim isn't logically subsumed in the related claim being decided in the present appeal.

Claim arising from nighttime warrantless entry under exigent circumstances presents a genuine issue for the finder of fact, since the tip leading to the entry was anonymous, not specific as to location, and was only superficially corroborated.  Warrantless entry without reaonable belief of exigent circumstances violates clearly established law.

A claim arising from excessive force asks whether the level of force used was gratuitous, not at the level of injury that the plaintiff sustained.  The right to be free of excessive force used in an unconstitutional warrantless forced entry is clearly established.


https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0184p-06.pdf