Joanne Joyce, Individually and as of the Estate of James D. Joyce v. Town of Tewksbury, Massachusetts, John R. MacKey Alfred Donovan and Robert Budryk

LYNCH, Circuit Judge

(concurring).

While I am sympathetic to the very strong arguments that the police violated the Fourth Amendment, I join the per curiam. That the judges of this court so strongly disagree about whether there was a Fourth Amendment violation means that the law in this area is not so clearly established as to make the officers’ actions objectively unreasonable. Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); St. Hilaire v. City of Laconia, 71 F.3d 20 (1995). The officers are entitled to immunity, given the state of the law in 1989.

Dissent follows.