In a 42 U.S.C. section 1983 action based on a warrantless entry into Plaintiffs’ home, the denial of summary judgment based on qualified immunity is reversed where the search was reasonable under the Fourth Amendment exigent circumstances doctrine, because Defendants believed a missing teenage girl was in the house.

Read Hunsberger v. Wood, No. 08-1782

Appellate Information

Argued May 15, 2009

Decided June 29, 2009

Judges

Opinion by Judge Wilkinson

Counsel

For Appellant:

Elizabeth Kay Dillon, Guynn, Memmer & Dillon, P.C., Salem, VA

For Appellees:

Melvin Edward Williams, Grimes & Williams, PC, Roanoke, VA

Terry N. Grimes, Grimes & Williams, PC, Roanoke, VA

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