ROBERT SEAN REED v. CAMPBELL COUNTY, KENTUCKY, MICHAEL RAY CURTIS; KYLE G. GRAY - Articles

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ROBERT SEAN REED v. CAMPBELL COUNTY, KENTUCKY, MICHAEL RAY CURTIS; KYLE G. GRAY

Posted by: Tanja Trezise on Aug 30, 2023

Head Comment: ROGERS delivered a separate opinion concurring in part and dissenting in part.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellants.

Attorneys 2: ARGUED: Michael Jay O’Hara, O’HARA, TAYLOR, SLOAN, CASSIDY, BECK PLLC, Covington, Kentucky, for Appellee.

Attorneys 3: ON BRIEF: Jeffrey C. Mando, Jennifer L. Langen, ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellants.

Attorneys 4: ON BRIEF: Michael Jay O’Hara, Colby B. Cowherd, O’HARA, TAYLOR, SLOAN, CASSIDY, BECK PLLC, Covington, Kentucky, for Appellee.

Judge(s): MOORE, ROGERS, and GRIFFIN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Covington

KAREN NELSON MOORE, Circuit Judge. Police officers Michael Curtis and Kyle Gray responded to a 911 call reporting a domestic dispute. When they arrived at the reported location, all was quiet, and they could not detect any signs of an altercation. The officers knocked on Robert Reed’s front door. After a brief verbal exchange, Reed refused to engage further with the officers because they did not have a warrant. The officers then broke down Reed’s front door, pointed a gun at his head, and removed him from his home. Reed filed a suit against the officers in their official and individual capacities under 42 U.S.C. § 1983. Upon motions for summary judgment, the district court denied the officers qualified immunity for Reed’s Fourth Amendment claims of unlawful entry, false arrest, and excessive force. We AFFIRM the district court’s denial of qualified immunity.

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