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DORAN v. ECKOLD

No. 03-1810WM.

362 F.3d 1047 (2004)

David DORAN, Appellee, v. Dennis ECKOLD, in his official capacity as President of the Board of Police Commissioners of Kansas City, Missouri; Eric Greenwell, in his official capacity as a police officer of the Kansas City, Missouri Police Department and in his individual capacity; Ty Grant, in his official capacity as a police officer of the Kansas City, Missouri Police Department and in his individual capacity, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2004.

Attorney(s) appearing for the Case

Dale H. Close, argued, Kansas City, MO, for appellant.

Stephen R. McCallister, argued, University of Kansas Law School, Lawrence, KS (Walter R. Simpson, Sophie Woodworth and David R. Smith of Kansas City, MO, on the brief), for appellee.

Before LOKEN, Chief Judge, HEANEY and RICHARD S. ARNOLD, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

At 10:00 p.m. on the evening of August 11, 1998, Kansas City police executed a warrant to search the home of David Doran for drugs and other contraband. Using a tactic called "dynamic entry," the officers announced their presence and purpose but entered the house without knocking and affording its occupants time to answer the door. Officer Ty Grant, serving as "ram officer," yelled "Police, search warrant," simultaneously hitting...

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