Summary Judgment in Probation Search of Wrong Home

January 07, 2015

Plaintiff alleged law enforcement officers violated her civil rights when they mistakenly and forcibly entered her apartment when they intended to execute a parole compliance search of her neighbor.  We moved for summary judgment, arguing the defendants were entitled to qualified immunity.  Summary judgment was granted it as to all defendants, except for the lead investigating officer.  We thereafter filed a motion for reconsideration as to the remaining officer, which was granted.  The plaintiff appealed and we handled the appeal.  Plaintiff agreed to dismiss the appeal in exchange for a waiver of costs.