In plaintiff's 42 U.S.C. section 1983 suit against a police officer and the police department, arising from an incident where plaintiff's lost and intoxicated thirteen-year-old son was bitten by a police patrol dog used by an officer to find him, district court's denial of defendants' motion for summary judgment on basis of qualified immunity is reversed and remanded as, qualified immunity is appropriate because the officer did not violate clearly established law in his search for a missing boy who faced serious potential injury.
Argued: October 29, 2009
Decided: January 29, 2010
Opinion by Circuit Judge Wilkinson
For Appellant: William Antoine Snoddy, Office of the County Attorney for Montgomery County
For Appellee: Terrell Roberts, Roberts & Wood