MACDONALD v. TOWN OF EASTHAM

No. 13-1779.

745 F.3d 8 (2014)

Philip MACDONALD, Plaintiff, Appellant, v. TOWN OF EASTHAM et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 12, 2014.


Attorney(s) appearing for the Case

Bruce T. MacDonald for appellant.

Thomas R. Donahue , with whom Leonard H. Kesten , Deidre Brennan Regan , and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellees Town of Eastham, Sylvia, and Mungovan.

Matthew J. Murphy , General Counsel, Barnstable County Sheriff's Office, for appellee Dinan.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.


SELYA, Circuit Judge.

This appeal poses the question of whether police officers, responding to a call from a citizen concerned that the door to her absent neighbor's home is standing wide open, have a right to enter the home in pursuance of their community caretaking function. While the answer to this question is freighted with uncertainty, that uncertainty points the way to the proper disposition of the case: because there is no clearly established law that would...

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