Carroll v Carman

Carroll responded to a report of a man with firearm at eh Carman home. Carman sued under 42 USC 1983 arguing that Carroll did not use the front door to conduct his knock and talk and thus committed trespass. The jury found for Carroll, but the 3rd Circuit reversed holding qualified immunity only applied when officers use the front door of a residence. The Court reversed per curium. It held that the case law relied upon by 3rd Circuit did not clearly establish the front door rule and thus qualified immunity is available here. The case was remanded for further proceedings.

Johnson v City of Shelby, Mississippi

Johnson and other police officers sued under 42 USC 1983 arguing they were firmed for brining criminal activity of a city alderman to light. The district court granted summary judgment as Johnson did not cite 1983 in his complaint. The 5th Circuit affirmed. The Court reversed per curium. It held that Rule of Civil Procedure 8 requires factual statements not a delimitation of legal theories. The case was remanded to allow Johnson to add 1983 to his compliant.