MITCHELL v. SHEARRER

Nos. 12-1931, 12-2058.

729 F.3d 1070 (2013)

Charles Marc MITCHELL, Plaintiff-Appellee v. Josh SHEARRER, Defendant-Appellant. Eric Spiker; Clifton Bone; Matt Richardet, Defendants Charles Marc Mitchell, Plaintiff-Appellant v. Josh Shearrer, Defendant. Eric Spiker; Clifton Bone, Defendants-Appellees Matt Richardet, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2013.


Attorney(s) appearing for the Case

Mark Zoole , argued Saint Louis, MO, (Mark Zoole, on the brief), for appellant and cross-appellees.

John M. Albright , Poplar Bluff, MO, (John M. Albright, on the brief), for appellee/cross-appellant.

Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.


WOLLMAN, Circuit Judge.

Farmington, Missouri, Police Officer Joshua Shearrer arrested Charles Mitchell in the doorway of his home, with the assistance of Officers Erik Spiker and Clifton Bone. Mitchell filed this action under 42 U.S.C. § 1983, alleging that the officers violated his constitutional rights by arresting him in his home without first obtaining a warrant to do so. The district court1

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