The South Dakota Supreme Court Allows an Excessive Force Lawsuit to Move Forward
The South Dakota Supreme Court is allowing a lawsuit to go forward alleging police officers used excessive force when arresting a Sioux Falls woman in 2016.
Nichole Boggs sued in Second Circuit Court for injuries she suffered when two police officers took her into custody while investigating a call for help at her apartment. When officers arrived they found an injured man, Boggs’ son, outside the apartment complex and determined he had been hurt in his mother’s apartment.
Boggs refused to let the officers into her apartment. Eventually another son came out of the apartment with injuries, so police entered the unit without a warrant or consent.
In its recently released opinion, Supreme Court justices agree that circumstances at the time created an exception to the constitutional ban on unreasonable searches.
