Marvin v. Holcomb

Dist. Ct. did not err in granting defendants-two officers’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants violated his Fourth Amendment rights when third defendant-officer used excessive force during wellness check of plaintiff, where officer tased plaintiff twice and struck him several times. Plaintiff conceded that he was not cooperative with said officer, and record showed that all three officers had probable cause to believe at time that plaintiff had committed battery on his mother who had requested wellness check. Plaintiff failed to counter sworn allegations contained in summary judgment motion with anything other than allegations in instant complaint, and Dist. Ct. could properly find that officer’s use of force was reasonable under instant circumstances. Also, plaintiff was not entitled to new trial on his unlawful entry claim, even though plaintiff alleged that Dist. Ct. gave erroneous jury instruction that attempted to define outer contours of plaintiff’s home, where plaintiff failed to establish any prejudice arising out of giving said instruction, where defendants argued and jury accepted claim that exigent circumstances justified warrantless entry through plaintiff s doorway.