Daniel LUM and Polly Lum, for Themselves and for Their Minor Children Joseph Aveoganna, Elizabeth Hawley, Aiyanna…

Summary

The court affirmed summary judgment granting the officers qualified immunity on all excessive-force claims, holding that the officers' use of pepper spray, handcuffs, and post-incident medical assistance was objectively reasonable and that the allegedly unlawful entry did not make the force per se unreasonable. It also affirmed dismissal of the asserted constitutional and statutory unlawful-entry damages claims, exclusion of untimely evidence, and denial of relief based on newly discovered evidence. The court remanded for consideration of trespass and invasion-of-privacy claims because the pleadings gave the officers fair notice of the general nature of those claims. No separate opinions were filed.