Milan v. Bolin

Federal 7th Circuit Court
Civil Court
Qualified Immunity
Citation
Case Number: 
No. 15-1207
Decision Date: 
July 31, 2015
Federal District: 
S.D. Ind., Evansville Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendants-police officials’ motion for summary judgment in action alleging that defendants used excessive force when conducting search of plaintiff’s home. Record showed that: (1) search was conducted after discovery of police threats that had been posted on plaintiff’s unsecured internet network; (2) police at time of search had seen neighbor two doors down whom they knew had issued prior police threats; (3) instant search was conducted by 11-man SWAT team, who broke open plaintiff’s door and window, used flash bang grenades and handcuffed elderly plaintiff and her daughter; and (4) day after search police confirmed that said neighbor had actually posed threats. Defendants were not entitled to qualified immunity where use of flash bang grenades without conducting sufficient investigation of actual culprit was unreasonable.