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DORAN v. ECKOLD

No. 03-1810.

409 F.3d 958 (2005)

David DORAN, Plaintiff-Appellee, v. Dennis ECKOLD, in his official capacity as President of the Board of Police Commissioners of Kansas City, et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2005.

Attorney(s) appearing for the Case

William E. Quirk, argued, Kansas City, MO, for appellant.

Jeffrey L. Fisher, argued, Seattle, WA, for appellee.

Before LOKEN, Chief Judge, HEANEY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER and BENTON, Circuit Judges, en banc.

LOKEN, Chief 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." Officer Ty Grant, serving as "ram officer," yelled "Police, search warrant," and immediately hit the front door with his ram, breaking in on the third hit. Officer Mark Sumpter as point man entered the house before its occupants had time to answer the door...

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