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Click here for the full text of this decision FACTS:When Wayne Michael Linbrugger repeatedly called his father and ultimately threatened to kill his sister, his father, who knew Linbrugger had a history of mental illness, sought a mental health warrant from the Harris County Psychiatric Center (HCPC) for Linbrugger’s involuntary commitment. Deputy Jeff Haggard and two other deputies coordinated execution of the warrant with Linbrugger’s father. Following instructions from the deputies, the father knocked twice on Linbrugger’s apartment door. When Linbrugger heard the knocks, he picked up “the Club,” a car anti-theft device, and moved it to simulate the sound of a shotgun being cocked. Linbrugger opened the door while holding the club; Haggard agreed that he saw Linbrugger holding a sword-like object as the door opened. According to Haggard, he announced that he was the police (he was in plain clothes), but Linbrugger did not recall that. Linbrugger also disagreed that he swung the Club at Haggard, as Haggard recalled. The two also disagreed over what happened next, whether after struggling, Haggard put his knee on Linbrugger’s neck, choked him and repeatedly punched him in the face. The deputies eventually cuffed Linbrugger and took him to HCPC. Linbrugger received treatment there for a cut above his eye, a bruised throat and other bruises. Linbrugger filed a civil rights suit against Haggard, based on Haggard’s alleged unlawful entry into his apartment, and Haggard’s alleged excessive force. The district court denied Haggard’s motion for summary judgment, which was based on qualified immunity. HOLDING:Reversed in part; dismissed for lack of jurisdiction in part. The court establishes that the Fourth Amendment applies to claims alleging arising under the execution of a mental-health warrant, though the court also notes that some modifications to Fourth Amendment analysis may be necessary in such a context. The court mentions that the police’s use of deception, in using Linbrugger’s father, did not violate the Fourth Amendment. Under the Fourth Amendment, it is generally required that police executing a warrant must knock and announce their identity before attempting a forcible entry into a dwelling. There may be circumstances, however, that would justify deviation from strict compliance with this general rule, for instance, if it would be dangerous, futile or would inhibit effective investigation. Linbrugger argues that he was justified in resisting was he perceived as a possible invasion of his home. He also argues that the officers’ safety concerns were manufactured through their own mismanagement of the situation: if they had knocked and announced their presence, he would not have felt compelled to fight. The court points out that the Fourth Amendment does not operate in hindsight. That they should have acted differently is arguable, but not mandated by the constitution. Viewing the execution of the mental-health warrant from the officers’ perspective, Linbrugger’s actions seemed imminently threatening to them, Linbrugger’s father, and possibly to Linbrugger himself. The officers were permitted to respond to a reasonably perceived dangerous situation. The court rules that the parties’ differing accounts over what happened once the officers entered Linbrugger’s apartment raises several questions of material fact that preclude the exercise of jurisdiction over the excessive force issue. OPINION:Jones, J.; Garwood, Jones and Zainey, JJ.

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