Hardigreev.Lofton
After officers investigating a drug suspect found drugs in his car near Anthony Hardigree’s home, Officer Marc Lofton questioned Hardigree. Hardigree said he was going to get his phone to call the home’s owner, his sister; Lofton entered without a warrant or consent, used a Taser, and arrested him. The suspect’s charges were later dismissed, and Hardigree sued under § 1983 and Georgia law. The accounts conflicted: Hardigree said he entered to follow an officer’s instruction and did not resist; Lofton said Hardigree rushed inside, shoved him, and resisted arrest. The district court granted Hardigree summary judgment on unlawful entry, denied Lofton judgment on that and other claims, but granted him judgment on federal malicious prosecution. The Eleventh Circuit reversed judgment for Hardigree because factual disputes remained over whether Lofton’s warrantless entry was justified. Taking Hardigree’s version as true on Lofton’s motion, it affirmed denial of summary judgment, qualified immunity, and Georgia official immunity on unlawful entry, false arrest, excessive force, and state claims, leaving those disputes for a jury. The federal malicious-prosecution judgment was undisturbed. The court remanded; Judge Anderson concurred in the result.
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