Whittier v. Kobayashi

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[PUBLISH]

Before EDMONDSON, BLACK and SILER,*fn1 Circuit Judges.

Daniel Kobayashi, an officer with the City of Sunrise, Florida, Police Department, appeals the district court’s order denying in part his motion for summary judgment. Kobayashi was a member of a Special Weapons and Tactics (SWAT) team that conducted a raid on Plaintiff-Appellee Marlene Whittier’s home, which she shared with her son, Anthony Diotaiuto. During the raid, Diotaiuto was shot and killed. Whittier brought a 42 U.S.C. § 1983 action, both individually and as personal representative for Diotaiuto’s estate, against several members of the SWAT team alleging, inter alia, Kobayashi violated her son’s Fourth Amendment rights when he entered her home without first knocking and announcing the SWAT team’s presence. After extensive discovery, Kobayashi moved for summary judgment, arguing he was entitled to qualified immunity and no genuine issue of material fact existed as to whether a knock and announce occurred. The district court denied his motion as to Whittier’s knock-and-announce claim. Because Kobayashi is entitled to qualified immunity, we now reverse.

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