The Estate of Redd v Love

Estate appealed summary judgment to Love on its excessive force claim. The panel affirmed. It held that Love was entitled to qualified immunity under the circumstances as it was objectively reasonable to use a large force of agents to conduct the search of Redd’s house because it is in a county where significant tension existing between federal officials and the local population; the warrant authorized search for over 800 Native American artifacts; at least five adults could be present; agents believed Redd’s son or sons left threating voice mails during the search; Redd and his wife had been prosecuted for desecrating a Native American gravesite; and the agents’ use of soft body armor and being armed were required by agency policy.