Michael Hoover v. Justin Due

Cookeville, Tennessee personal injury lawyer represented the Plaintiff who sued on 42 U.S.C. 1983 civil rights violation theory claiming unlawful entry and excessive force.



Defendant Deputy Justin Due received a 911 dispatch call, reporting a domestic dispute at Plaintiff Michael Hoover's house. The 911 caller stated that Hoover had threatened her with a gun. When Due arrived at the scene, a woman

approached him and said that Hoover had "gone crazy” and "there he is at the door,” referring to Hoover standing in the garage doorway. As Due neared the garage, a second woman walked out into the driveway, recording the event on her phone, while a third woman stood inside the garage, tending to a small child.



Due ordered Hoover to show him his hands. Although Hoover raised his hands, Due took out his gun and walked into the garage. When Hoover refused to be handcuffed, Due pushed Hoover back into his house, slammed him against a wall, and punched him in the face. Due continued to shove Hoover until one of the women at the scene told Due that Hoover had

never threatened anyone with a gun.



Hoover filed this suit under 42 U.S.C. § 1983, alleging that Due violated his Fourth Amendment rights when he unlawfully entered his home and used excessive force against him.

he is entitled to qualified immunity. Because a reasonable juror could conclude that Due’s warrantless entry into Hoover’s home was unlawful, and that his use of force to effectuate that entry was unreasonable.



Affirmed