District Judge LeShann DeArcy Hall

Detective Ilund, and other officers, arrived at plaintiffs' home, questioned plaintiff Cook, and searched the home, without presenting a warrant, in an unsuccessful attempt to locate Cook's father. Returning the next day, they banged on plaintiffs' front door. When plaintiff Washington answered the door, the officers rushed past her in search of Cook's father. No warrant was shown. Upon learning Washington's name, Ilund arrested her under a 2014 bench warrant. The court denied dismissal of plaintiffs' pro se action under 42 USC §1983. In addition to rejecting Ilund's claim that the search was no more than a “quick walk through” or protective sweep, the court rejected his assertion that the bench warrant carried with it authority to enter plaintiffs' home to search for Cook's father. On the facts alleged the officers were unaware Washington lived at the home as they went there in search of Cook's father. Nor was Ilund entitled to qualified immunity. Ilund searched plaintiffs' home without knowledge as to whether there was a warrant for Washington's arrest or whether she was likely to be at home at the time of his entry into the residence. Thus Ilund's conduct was not objectively reasonable as a matter of law.