Betker v. Gomez

Dist. Ct. did not err in denying defendant-police officer's motion for qualified immunity in section 1983 action alleging that defendant made knowingly false or misleading statements in affidavit supporting issuance of no-knock search warrant of plaintiff's home. Qualified immunity was not appropriate where plaintiff produced sworn testimony from individual (who was defendant's source for warrant application) which was contrary to statements made by defendant in his affidavit. Moreover, if individual's testimony is believed, said evidence would establish that defendant made false or misleading statements in affidavit and preclude any finding that probable cause existed for issuance of no-knock warrant.