LEATHERMAN V. TARRANT COUNTY NARCOTICS INTELLIGENCE & COORDINATION UNIT 507 U.S. 163 (1993) CASE BRIEF

LEATHERMAN V. TARRANT COUNTY NARCOTICS INTELLIGENCE & COORDINATION UNIT
507 U.S. 163 (1993)
NATURE OF THE CASE: These were suits related to the unlawful entry into homes by police officers and an appeal from the dismissal of a civil rights claim.
FACTS: Separate incidents arose in which local police officials executed search warrants. Each incident involved forcible entry based on the detection of odors associated with the manufacture of illegal narcotics. One homeowner claimed assault by the officers and another claimed that the police entered her home in her absence and killed her two dogs. Each party sued the local officials involved asserting a violation of their Fourth Amendment rights. Both Ps sued under 42 USC 1983 claiming that the municipalities failed to properly train their officers. The complaints were dismissed in that they failed to meet the heightened pleading standard required for suits against a municipality in the Fifth Circuit. The Supreme Court granted certiorari.

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