BELLOTTE v. EDWARDS

Nos. 10-1115, 10-1123.

629 F.3d 415 (2011)

Tametta BELLOTTE, Individually; E.B.; C.B., by and through their next friend and mother, Tametta Bellotte, Plaintiffs-Appellees, v. Tracy L. EDWARDS, Detective; P.G. Smith, Deputy; Keith Sigulinsky, Corporal, Ranson Police Department, formerly Unknown Defendant One; Adam Letts, Corporal, Charles Town Police Department, formerly Unknown Defendant Two; Robert Sell, Corporal, Jefferson County Sheriff's Department, formerly Unknown Defendant Three; Kevin Boyce, Corporal, Jefferson County Sheriff's Department, formerly Unknown Defendant Four; James Tennant, Deputy, Jefferson County Sheriff's Department, formerly Unknown Defendant Five; Brandon Haynes, Deputy, Jefferson County Sheriff's Department, formerly Unknown Defendant Six; Sam Smith, Patrolman, Charles Town Police Department, formerly Unknown Defendant Seven; Anthony Mancine, Patrolman, Charles Town Police Department, formerly Unknown Defendant Eight; Patrick Norris, Patrolman, Ranson Police Department, Defendants-Appellants, and Wal-Mart Stores East, L.P., Defendant, v. Samuel Joseph Bellotte, Third Party Defendant. Tametta Bellotte, Individually; E.B.; C.B., by and through their next friend and mother, Tametta Bellotte, Plaintiffs-Appellants, v. Tracy L. Edwards, Detective; P.G. Smith, deputy; Keith Sigulinsky, Corporal, Ranson Police Department, formerly Unknown Defendant One; Adam Letts, Corporal, Charles Town Police Department, formerly Unknown Defendant Two; Robert Sell, Corporal, Jefferson County Sheriff's Department, formerly Unknown Defendant Three; Kevin Boyce, Corporal, Jefferson County Sheriff's Department, formerly Unknown Defendant Four; James Tennant, Deputy, Jefferson County Sheriff's Department, formerly Unknown Defendant Five; Brandon Haynes, Deputy, Jefferson County Sheriff's Department, formerly Unknown Defendant Six; Sam Smith, Patrolman, Charles Town Police Department, formerly Unknown Defendant Seven; Anthony Mancine, Patrolman, Charles Town Police Department, formerly Unknown Defendant Eight; Patrick Norris, Patrolman, Ranson Police Department, Defendants-Appellees, and Wal-Mart Stores East, L.P., Defendant, v. Samuel Joseph Bellotte, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2011.


Attorney(s) appearing for the Case

Jason Patrick Foster , Steptoe & Johnson, LLP, Martinsburg, West Virginia, for Appellants/Cross-Appellees. Thomas E. Carroll , Carroll & Turner, PSC, Monticello, Kentucky, for Appellees/Cross-Appellants.

Affirmed in part, reversed in part, dismissed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY joined. Judge WYNN wrote a separate opinion dissenting in part.


OPINION

WILKINSON, Circuit Judge:

In this case, police officers executed a late-night, no-knock entry into a family's home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immunity inappropriate. With respect to the denial of qualified immunity on...

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