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McKenna v. Honsowetz, 08-2080

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By FindLaw Staff on August 17, 2010 3:23 PM

McKenna v. Honsowetz, 08-2080, concerned a challenge to the district court's denial of defendants' motions for summary judgment based on qualified immunity and reduction of an award for plaintiff for pain and suffering from $275,000 to $10,000, in plaintiff's 42 U.S.C. section 1983 suit against two police officers who responded to a 911 report that plaintiff was having a medical seizure and thereafter allegedly violated his Fourth Amendment rights.


In affirming the judgment, the court held that whether the officers were entitled to qualified immunity depends on whether they acted in a law-enforcement capacity or in an emergency-medical-response capacity when engaging in the conduct that plaintiff claimed violated the Fourth Amendment, and here, the view of the facts undoubtedly supports a finding that the officers acted in a law-enforcement capacity.  Further, the record contained ample evidence to support the determination that the officers unreasonably searched the home and seized plaintiff.  Lastly, the court denied plaintiff's appeal of the reduction in the award as the Supreme Court has clearly stated that a plaintiff cannot appeal a remittitur after he has accepted it.

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