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CASTAGNA v. JEAN

No. 19-1677.

955 F.3d 211 (2020)

Christopher CASTAGNA; Gavin Castagna, Plaintiffs, Appellees, v. Harry JEAN; Keith Kaplan; Daran Edwards, Defendants, Appellants. Jean Moise Acloque; Gary Barker; Michael Bizzozero; Terry Cotton; Richard Devoe; Jon-Michael Harber; Clifton Haynes; Gavin Mchale; Kamau Pritchard; William Samaras; Stephen Smigliani; Anthony Troy; Jay Tully; Brendan Walsh; Donald Wightman; James Doe, Individually; John Doe 1; John Doe 2; John Doe 3; John Doe 4; John Doe 5; John Doe 6; John Doe 7; John Doe 8; John Doe 9; John Doe 10; John Doe 11; John Doe 12, Defendants.

United States Court of Appeals, First Circuit.

April 10, 2020.

Attorney(s) appearing for the Case

Nicole M. O'Connor , Senior Assistant Corporation Counsel, City of Boston Law Department, with whom Eugene L. O'Flaherty , Corporation Counsel, City of Boston Law Department, and Matthew M. McGarry , Assistant Corporation Counsel, City of Boston Law Department, were on brief, for appellants.

Paul J. Klehm , Andover, MA, with whom Benjamin L. Falkner , Andover, MA, and Krasnoo, Klehm & Falkner LLP were on brief, for appellees.

Before Lynch, Stahl, and Kayatta, Circuit Judges.

This appeal raises the issue of whether the three defendant Boston police officers were entitled to qualified immunity for entering through the open door of a house under the community caretaking exception to the Fourth Amendment's warrant requirement. We hold that the officers are entitled to qualified immunity under these...

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