Man shot during police raid: Excessive force: Improper search: Fourth Amendment violations: Verdict

Law Reporter, May 2003

Doran v. Board of Police Comm'rs, U.S. Dist. Ct., W.D. Mo., No. 4-01-00824-CV-W-2, Oct. 24, 2002.

Doran, 48, was sleeping when police entered his house by breaking the door down pursuant to a warrant to search the house for drugs. Doran took his pistol and went to investigate. Although Doran allegedly dropped the pistol when he saw the police, they shot him. Doran, a diabetic, suffered a bullet wound requiring removal of one kidney. He was hospitalized for sixteen days and incurred medical expenses of $114,000. A trailer mechanic earning approximately $70,000 annually, Doran missed several weeks of work and lost a large contract as a result of his injuries.

Doran sued the city board of police commissioners, alleging that the police's policy of entering houses without announcing themselves and then waiting a reasonable period of time violated the Fourth Amendment and 42 U.S.C. [sec] 1983. Doran also sued two police officers individually, alleging improper search and inadequate supervision.

Defendants contended the officers' actions were reasonable because Doran had a weapon.

A jury awarded approximately $2.15 million.

Plaintiff's expert was Jerry Gotdieb, accounting, Leawood, Kan.