Waldron v. Roark

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Waldron v. Roark

Case Number
Call Date
December 3, 2015
Court Number
Case Summary

S-15-0144 Marilyn Waldron (Appellant) v. Lancaster County Deputy Sheriff James Roark, individually and in his official capacity

Lancaster County, Judge Robert R. Otte

Attorneys: Vincent M. Powers (Vincent M. Powers & Associates) (Appellant) ' Richard C. Grabow (County Attorney's Office)

Civil: Violation of civil rights under 42 U.S.C. ' 1983

Proceedings Below: The district court sustained Roark's motion for summary judgment.

Issues: The district court erred in (1) granting summary judgment, (2) finding that Roark's entry into her home did not violate her Fourth Amendment right to be free from unreasonable searches and seizures, (3) finding sufficient exigent circumstances existed to warrant Roark's entry without a proper announcement, and (4) finding that the force used by Roark was not excessive.