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Huff v. City of Burbank, No. 09-55239

By FindLaw Staff on January 12, 2011 1:19 PM

Action for Police Entering Home Without Warrant

In Huff v. City of Burbank, No. 09-55239, an action against four officers who entered plaintiffs' home without a warrant, the court affirmed in part summary judgment for defendant where two officers entered the residence because they reasonably believed they had been given consent.  However, the court reversed in part where any belief that the officers or other family members were in serious, imminent harm would have been objectively unreasonable.

As the court wrote:  "Plaintiffs George, Maria, and Vincent Huff appeal the district court's judgment in favor of four officers who entered their home without a warrant. For the reasons below, we find that only two of the four officers were entitled to qualified immunity."

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