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D.Ariz.: § 1983 Fourth Amendment case could not be filed against SWAT team; individuals must be named

By John Wesley Hall, Jr.

Pro se plaintiff did not state a claim against any person who used excessive force during the raid on his property, so the complaint is dismissed as the police department. Warren v. SWAT, Tucson Police Dep’t, 2010 U.S. Dist. LEXIS 57542 (D. Ariz. May 17, 2010).* Defendant granted consent for officers to enter to look at photographs on his wall. Others with apparent authority consented to the look going further. United States v. Ramirez-Vazquez, 2009 U.S. Dist. LEXIS 127338 (M.D. Fla. January 16, 2009).*

Full post as published by Fourth Amendment on June 13, 2010 (boomark / email).