Treneshia Dukesv.Nicholas Deaton, Et Al.
During a Clayton County narcotics search, officers executed a warrant at dawn and threw a flashbang into a dark bedroom occupied by Treneshia Dukes and Jason Ward. The device exploded near Dukes and caused serious burns. Dukes sued the officer who threw it and the supervising commander for excessive force, assault, and battery. The district court granted summary judgment on immunity grounds. The Eleventh Circuit held that throwing the flashbang without first visually inspecting the room constituted excessive force under the Fourth Amendment when the facts were viewed in Dukes’s favor. But the officer was still entitled to qualified immunity because existing precedent had not clearly established that this particular conduct was unconstitutional at the time. The supervisor also received qualified immunity, and the state-law claims failed because Dukes offered no proof that the officer intended to injure her. The court affirmed the judgment for all defendants while recognizing that the underlying use of force violated the Constitution.
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