Wrongful Death Section 1983 Lawsuit Involving the West Virginia State Police and “No-Knock” home entries

I don’t believe I ever posted anything about this case. It involves the death of Elton Wine, a 71 year old man who was suspected of having a fugitive in his home. A search warrant was obtained for his home and a “no-knock” entry was made by the WVSP “SRT” (SWAT) team into his home. He died shortly thereafter while in police custody. The fugitive was not found in his home. The case is currently in litigation.

Important in this case is the fact that officers admit to executing a “no-knock” entry into the home, but did not have a warrant authorizing such an entry. This is an important area of civil rights law which is currently developing. We’ll see what happens.

News Report

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