NOEL v. ARTSON

No. 09-1562.

641 F.3d 580 (2011)

Charles Raymond NOEL; Jacob Ralph Noel, Individually and as Personal Representative of the Estate of Cheryl Lynn Noel; Ramona Schweiger, To The Use of Matthew Noel, Plaintiffs-Appellants, v. Carlos ARTSON, Officer, Badge No. 3836; David Sweren, Officer, Badge #3794; Michael Giddings, Officer, Badge #3305; Mark Crump, Sergeant, Badge #3389; Robert M. Gibbons, Sergeant, Badge #3904; Baltimore County, Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 2, 2011.


Attorney(s) appearing for the Case

ARGUED: Terrell Roberts , Roberts & Wood, Riverdale, Maryland, for Appellants. Paul M. Mayhew , Baltimore County Office of Law, Towson, Maryland, for Appellees. ON BRIEF: John E. Beverungen , County Attorney, Adam M. Rosenblatt , Assistant County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER joined. Judge WYNN wrote an opinion concurring in the judgment.


OPINION

WILKINSON, Circuit Judge:

After a nine-day trial, a jury found that police officers carrying out a search warrant for narcotics did not violate the Fourth Amendment when they performed a no-knock entry into a residence and fatally shot a woman with a gun therein. The woman's family and estate now allege that a variety of instructional and other errors taint that verdict. But the charge provided a complete and accurate statement of the law and afforded...

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