Posted On: September 24, 2007 by Mary Frances Prevost

PLAINTIFF STATES A CLAIM AGAINST POLICE WHO FAILED TO ANNOUNCE THEIR PRESENCE AND THEN BROKE DOWN DOOR WITH BATTERING RAM

The United States Distreict Court for the Northern District of California has held a plaintiff stated a cause of action against police officers by alleging they failed to announce their presence and broke the door down with a battering ram.

Plaintiff's claim for excessive force survived a federal demurrer by the police officer defendants.
Unreasonable entry is a clearly established right, at least since 1995.

Mendoza v. Whitehouse, 2007 U.S. Dist. LEXIS 73680 (N.D. Cal. September 24, 2007).*