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Judge: Officer is entitled to qualified immunity

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A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.

In Robert Butler v. Indianapolis Metropolitan Police Dept., et al., No. 1:07-CV-1103, U.S. District Chief Judge David Hamilton in the Southern District of Indiana, Indianapolis Division, found Tuesday that Deputy Glenn Schmidt was entitled to qualified immunity on Robert Butler's claim the officer violated his Fourth Amendment rights by entering his home.

Schmidt, then a deputy with the Marion County Sheriff's Department, which merged with the Indianapolis Police Department to form IMPD, responded to a 911 call to Butler's home that shots had been fired. Butler's girlfriend, McKenna Decker, called police to report Butler shot at her car while at his house.

Butler told Schmidt he shot his gun near Decker's car, but the gun was now inside. Schmidt went inside the home and got the gun. Butler entered a plea agreement, but for unknown reasons, the plea wasn't entered and the prosecutor eventually dismissed all of the charges.

Butler claimed the police department and officers who arrived on the scene deprived him of his constitutional rights. Chief Judge Hamilton agreed with Schmidt that he is entitled to qualified immunity on Butler's search and seizure claim. Schmidt argued that even if he had violated Butler's right by entering his home without a warrant, a reasonable law enforcement officer wouldn't have understood that this act would have violated his constitutional rights under the circumstances.

The U.S. Supreme Court has ruled that police may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.

"On the merits, there is certainly room to argue here about whether the danger posed by the loaded gun in the unoccupied home posed a threat of imminent injury," wrote the chief judge. "In the quiet calm of a courtroom years later, it might be easy to say that it did not."

But Schmidt faced an ambiguous and potentially explosive situation and acted swiftly and with minimal intrusion to control the greatest source of danger, Chief Judge Hamilton continued.

The District Court also found Schmidt had probable cause to arrest Butler for criminal recklessness. Summary judgment was also entered in favor of IMPD and the two other officers who responded because the facts are insufficient to support under any of Butler's theories that his constitutional rights were violated.

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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