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McNAIR v. COFFEY

No. 00-1139.

279 F.3d 463 (2002)

Victor R. McNAIR and Tré K. McNair, Plaintiffs-Appellants, v. Sean COFFEY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 2002.

Attorney(s) appearing for the Case

Jeffrey P. Sweetland (submitted), Shneidman, Myers, Dowling & Blumfield, Milwaukee, WI, for Plaintiffs-Appellants.

Gregg T. Heidenreich (submitted), Stilp & Cotton, Brookfield, WI, for Defendant-Appellee.

Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Frazell v. Flanigan, 102 F.3d 877, 886-87 (7th Cir.1996), held that, "once a jury has determined under the Fourth Amendment that the officer's conduct was objectively unreasonable, that conclusion necessarily resolves for immunity purposes whether a reasonable officer could have believed that his conduct was lawful." Our initial decision in this case followed Frazell and concluded that a jury...

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