Brand v. Casal

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Plaintiffs filed suit against Deputy Casal and Pardinas under 42 U.S.C. 1983, alleging violations of the Fourth Amendment of the U.S. Constitution, as well as claims under Georgia's Constitution. The Eleventh Circuit affirmed the district court's denial of summary judgment on the federal claims for excessive force against Pardinas and bodily privacy against both defendants; affirmed the denial of summary judgment on the state law claim for excessive force against Pardinas; reversed the denial of summary judgment on the federal and state law claims for unlawful entry against Casal where Casal's entry based on the arrest warrant was permitted under Payton v. New York, 445 U.S. 573, 603, 100 S. Ct. 1371, 1388 (1980), and for unlawful protective sweep against Casal because his actions did not violate the Fourth Amendment; and remanded for further proceedings. View "Brand v. Casal" on Justia Law