Villalobos v. Picicco

Plaintiff filed a lawsuit alleging violations of the Fourth Amendment after police officers tased and shot him in his home. The district court rejected defendants' assertions that they were entitled to qualified immunity but concluded as a matter of law that the officers violated the Fourth Amendment when they entered plaintiff’s home without a warrant. The Seventh Circuit vacated the district court’s order on the unlawful entry issue and remanded for further proceedings, instructing that on remand the parties should advance arguments under both prongs of the qualified immunity test. (LEE and KOLAR, concurring)