Unlawful Entry into Residence

[摘要] unlawful entryMonell claimmental illnessHistory of Mental Illness Alone Is Not Probable Cause for Warrantless Forced EntryIn Chamberlain v. City of White Plains, 960 F.3d 100 (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit considered whether there was a plausible claim for unlawful entry and whether the officers involved were entitled to qualified immunity. The Estate of Kenneth Chamberlain, Sr., challenged the District Court's granting the defendants' motion to dismiss unlawful entry, excessive force, and supervisory liability claims regarding events that resulted in Mr. Chamberlain being killed by a White Plains police officer. The second Circuit Court of Appeals found that the appellant advanced a plausible claim for unlawful entry. The grant of summary judgment in favor of the defendants with respect to the claims of excessive force and supervisory liability was vacated and remanded to the district court for further proceedings.

[学科分类] 儿科学

[关键词] unlawful entry;Monell claim;mental illness