PIERRE, S.D. – The South Dakota Supreme Court is allowing a lawsuit to go forward alleging police officers used excessive force when arresting a Sioux Falls woman.
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 in 2016. Boggs was arrested after she refused to let officers into her apartment. Officers entered without consent. The Supreme Court has upheld the circuit court’s refusal to summarily dismiss the claim of excessive force.
But the high court says the lower court should have found the warrantless search to be legal.
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