James W. Mensh, Bennie P. Mensh v. R.A. Dyer, M.G. Tsoleas, Jr., C.M. Chidester, Jr., & Ted Banholzer, Gerald C. Fayed, 956 F.2d 36 (4th Cir. 1992). · Go Syfert
James W. Mensh, Bennie P. Mensh v. R.A. Dyer, M.G. Tsoleas, Jr., C.M. Chidester, Jr., & Ted Banholzer, Gerald C. Fayed, 956 F.2d 36 (4th Cir. 1992). Cases Citing This Book View Copy Cite
79 citation events (26 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Anderson v. United States (2×) also: Cited as authority (rule)
E.D.N.Y · 2000 · quote attribution · 1 verbatim quote · confidence high
in the ensuing confusion, a brief detention to question mr. mensh's assertions, reevaluate the situation and secure the scene was prudent and 'objectively reasonable.
cited Cited as authority (rule) Peerman v. Catron
W.D. Va. · 2023 · confidence medium
Va. 1996) (citing Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir. 1991)).
cited Cited as authority (rule) Smith v. Centra Health, Inc.
W.D. Va. · 2021 · confidence medium
Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir. 1991).
discussed Cited as authority (rule) Miller v. Hall
S.D.W. Va · 2020 · confidence medium
“An arrest based on probable cause does not violate the fourth amendment, even if the wrong person is arrested.” Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir. 1991) (citing Graham v. Connor, 490 U.S. 386, 396 (1989)).
cited Cited as authority (rule) Darling v. Falls
M.D.N.C. · 2017 · confidence medium
An arrest satisfies the Fourth Amendment if it is supported by probable cause, “even if the wrong person is arrested.” Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir. 1991).
discussed Cited as authority (rule) April Smith v. Jason Munday (2×)
4th Cir. · 2017 · confidence medium
A. Under the Fourth Amendment to the U.S. Constitution, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Federal Rule of Criminal Procedure 4(a) provides that a warrant will issue if “the complaint establish[es] probable cause to believe that an offense has been committed and that the defendant committed it.” An arrest satisfies the Fourth Amendment if it is supported by probable cause, “even if the wrong person is arrested.” Mensh v. Dyer, 956 F.2d 36,…
discussed Cited as authority (rule) Ross v. Early
D. Maryland · 2012 · confidence medium
Qualified immunity, however, shields government officials, including police officers, see Schultz v. Braga, 455 F.3d 470, 476 (4th Cir.2006); Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991), performing discretionary functions from civil damages pursuant to § 1983 as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).
discussed Cited as authority (rule) Unus v. Kane (2×)
4th Cir. · 2009 · signal: cf. · confidence medium
Cf. Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1992) (recognizing that forced entry was justified after officers heard “the sound of running feet”).
discussed Cited as authority (rule) Veney v. Ojeda
E.D. Va. · 2004 · confidence medium
See, e.g., Brissett v. Paul, 141 F.3d 1157 (Table), at *4 (4th Cir. Apr.6, 1998) (holding that officer acted reasonably and thus did not violate plaintiff's Fourth Amendment rights when officer pushed plaintiff against vehicle, handcuffed plaintiff, and held plaintiff’s hands in such a way as to inflict some pain, but no serious injury, because plaintiff refused to cooperate fully with officer’s instructions and did not sustain any major physical injury); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) (same when officers pushed plaintiff against wall and handcuffed him to effectuate arrest …
discussed Cited as authority (rule) Martin v. Saint Mary's Department of Social Services (2×)
4th Cir. · 2003 · confidence medium
Mensh, v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited as authority (rule) Jones v. Buchanan
4th Cir. · 2003 · confidence medium
See Saucier, 533 U.S. at 209, 121 S.Ct. 2151 (“Our conclusion is confirmed by the uncontested fact that the force was not so excessive that respondent suffered hurt or injury.”); Brown, 278 F.3d at 369 (plaintiff “alleg[ed] no injury of any magnitude”); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) (“It is undisputed that [plaintiff] suffered no physical injury as a result of the incident.”).
discussed Cited as authority (rule) Jones v. Buchanan
4th Cir. · 2003 · confidence medium
See Saucier, 533 U.S. at 209, 121 S.Ct. 2151 ("Our conclusion is confirmed by the uncontested fact that the force was not so excessive that respondent suffered hurt or injury."); Brown, 278 F.3d at 369 (plaintiff "alleg[ed] no injury of any magnitude"); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) ("It is undisputed that [plaintiff] suffered no physical injury as a result of the incident."). 37 In sum, Jones has presented evidence that he voluntarily came to the sheriff's department and was never under arrest or suspected of any crime.
cited Cited as authority (rule) Pruett v. Town of Spindale, North Carolina
W.D.N.C. · 2001 · confidence medium
Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited as authority (rule) Casanova v. City of Brookshire
S.D. Tex. · 2000 · confidence medium
“Such an arrest is not unconstitutional, and a complaint based on such an arrest is subject to dismissal for failure to state a claim.” Thomas, 734 F.2d at 190—91; see also White v. Olig, 56 F.3d 817, 820 (7th Cir.1995); Juriss v. McGowan, 957 F.2d 345, 350 (7th Cir.1992); Mensh v. Dyer, 956 F.2d 36, 39-40 (4th Cir.1991).
discussed Cited as authority (rule) Casanova v. City of Brookshire
S.D. Tex. · 2000 · confidence medium
"Such an arrest is not unconstitutional, and a complaint based on such an arrest is subject to dismissal for failure to state a claim." Thomas, 734 F.2d at 190-91 ; see also White v. Olig, 56 F.3d 817, 820 (7th Cir.1995); Juriss v. McGowan, 957 F.2d 345, 350 (7th Cir.1992); Mensh v. Dyer, 956 F.2d 36, 39-40 (4th Cir.1991).
discussed Cited as authority (rule) Campbell v. Cushwa
Md. Ct. Spec. App. · 2000 · confidence medium
“If there is no violation of a federal right, [then] there is no basis for a § 1983 action____” Clark, 855 F.2d at 161 ; see Screws v. United States, 325 U.S. 91, 108 , 65 S.Ct. 1031 , 89 L.Ed. 1495 (1945); Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991); Clipper v. Takoma Park, 876 F.2d 17, 19 (4th Cir.1989); Davis, 121 Md.App. at 50 , 708 A.2d 357 .
examined Cited as authority (rule) Joye v. Richland County (3×) also: Cited "see, e.g."
D.S.C. · 1999 · confidence medium
Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991). .
discussed Cited as authority (rule) Gould v. Davis (2×)
4th Cir. · 1998 · confidence medium
See Appellants’ Br. at 14; Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991); Simons v. Montgomery County Police Officers, 762 F.2d 30 , 32 n. 1 (4th Cir.1985).
cited Cited as authority (rule) Austin v. Town of Blacksburg
W.D. Va. · 1998 · confidence medium
See 42 U.S.C. § 1983 ; see also Jenkins v. Medford, 119 F.3d 1156, 1159-60 (4th Cir.1997); Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited as authority (rule) United States v. King
4th Cir. · 1998 · confidence medium
See Kennedy, 32 F.3d at 882 ; United States v. Lalor, 996 F.2d 1578, 1584 (4th Cir.), cert. denied, 510 U.S. 983 (1993); United States v. Buckley, 4 F.3d 552, 558 (7th Cir. 1993), cert. 10 denied, 510 U.S. 1124 (1994); Mensh v. Dyer , 956 F.2d 36, 40 (4th Cir. 1991).
discussed Cited as authority (rule) Ross v. Keelings
E.D. Va. · 1998 · confidence medium
The Fourth Circuit has held that summary judgment is the proper vehicle to resolve qualified immunity issues because once a case is allowed to go to trial, the defense is “irreclaimable.” Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited as authority (rule) Davis v. DiPino (2×)
Md. Ct. Spec. App. · 1998 · confidence medium
See Screws v. United States, 325 U.S. 91, 108 , 65 S.Ct. 1031, 1038-39 , 89 L.Ed. 1495 (1945); Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991); Clipper v. Takoma Park, 876 F.2d 17, 19 (4th Cir.1989).
cited Cited as authority (rule) Nicholson Air v. Board of County Commissioners of Allegany County
Md. Ct. Spec. App. · 1998 · confidence medium
See Screws v. United States, 325 U.S. 91, 108 , 65 S.Ct. 1031, 1038 , 89 L.Ed. 1495 (1945); Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991); Clark v. Link, 855 F.2d 156, 161 (4th Cir.1988).
discussed Cited as authority (rule) Moore v. Flagstar Bank
E.D. Va. · 1997 · confidence medium
See 28 U.S.C.A. § 1367 (a) (West 1993) (district courts have supplemental jurisdiction only when they have original jurisdiction); United Mine Workers of America v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130 , 16 L.Ed.2d 218 (1966); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir. 1991).
discussed Cited as authority (rule) Bonner v. Anderson
4th Cir. · 1996 · confidence medium
Exigent circumstances exist, as our precedents prior to this search revealed, where “there is a likelihood that the occupants will attempt to escape, resist, or destroy evidence.” United States v. Jackson, 585 F.2d 653, 662 (4th Cir.1978); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) (“sound of running feet” justifies failure to knock and announce); United States v. Couser, 732 F.2d 1207, 1207-08 (4th Cir.1984) (risk of destruction of evidence justifies failure to knock and announce), cert. denied, 469 U.S. 1161 , 105 S.Ct. 913 , 83 L.Ed.2d 926 (1985).
discussed Cited as authority (rule) Bonner v. Anderson
4th Cir. · 1996 · confidence medium
Exigent circumstances exist, as our precedents prior to this search revealed, where "there is a likelihood that the occupants will attempt to escape, resist, or destroy evidence." United States v. Jackson, 585 F.2d 653, 662 (4th Cir.1978); Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) ("sound of running feet" justifies failure to knock and announce); United States v. Couser, 732 F.2d 1207, 1207-08 (4th Cir.1984) (risk of destruction of evidence justifies failure to knock and announce), cert. denied, 469 U.S. 1161 , 105 S.Ct. 913 , 83 L.Ed.2d 926 (1985).
discussed Cited as authority (rule) United States v. Reece
D. Kan. · 1995 · confidence medium
Indeed, because the possibility of destruction of evidence and danger to the officers are “two of the most common and compelling bases that establish exigency,” United States v. Bonner, 277 U.S.App.D.C. 271 , 874 F.2d 822, 826 (D.C.Cir.1989), courts have held that the presence of either will permit officers to make a forced entry simultaneously with the knock and announcement, or even without alerting the occupants at all, see [United States vj Buckley, 4 F.3d [552] at 558 [(7th Cir.1993)]; Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991). 32 F.3d at 882 .
discussed Cited as authority (rule) United States v. Joseph Willie Kennedy, A/K/A Snake, United States of America v. Walter Louis Ingram, United States of America v. Walter Louis Ingram, United States of America v. Walter Lee Powell, A/K/A Stinkum, United States of America v. Patricia Ann Carmichael, A/K/A Red Pat
4th Cir. · 1994 · confidence medium
Indeed, because the possibility of destruction of evidence and danger to the officers are "two of the most common and compelling bases that establish exigency," United States v. Bonner, 874 F.2d 822, 826 (D.C.Cir.1989), courts have held that the presence of either will permit officers to make a forced entry simultaneously with the knock and announcement, or even without alerting the occupants at all, see Buckley, 4 F.3d at 558 ; Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991). 12 Here, the government produced ample evidence that the officers needed to act quickly in order to prevent the destruct…
discussed Cited as authority (rule) United States v. Kennedy
4th Cir. · 1994 · confidence medium
Indeed, because the possibility of destruction of evidence and danger to the officers are “two of the most common and compelling bases that establish exigency,” United States v. Bonner, 874 F.2d 822, 826 (D.C.Cir.1989), courts have held that the presence of either will permit officers to make a forced entry simultaneously with the knock and announcement, or even without alerting the occupants at all, see Buckley, 4 F.3d at 558 ; Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991).
cited Cited as authority (rule) United States v. John Lalor
4th Cir. · 1993 · confidence medium
Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991); Simons v. Montgomery County Police Officers, 762 F.2d 30 , 32 n. 1 (4th Cir.1985), cert. denied, 474 U.S. 1054 , 106 S.Ct. 789 , 88 L.Ed.2d 767 (1986).
cited Cited as authority (rule) United States v. William Columbus Smith, A/K/A Smitty
4th Cir. · 1993 · confidence medium
Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir. 1991).
discussed Cited "see" Yousif v. Officer Patrick Carter Hailey
E.D. Va. · 2023 · signal: see · confidence high
See Mensh v. Dyer, 956 F.2d 36, 40 (finding that handcuffing the plaintiff whose behavior, included shouting, refusing to raise his hands, and failing generally to comply with police orders, which made him “appear uncooperative,” was not excessive).
cited Cited "see" United States v. Rizzi
4th Cir. · 2007 · signal: see · confidence high
See Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991).
discussed Cited "see" Brown v. Wiita (2×)
4th Cir. · 2001 · signal: see · confidence high
See Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
cited Cited "see" Carboni v. Meldrum
W.D. Va. · 1996 · signal: see · confidence high
See Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited "see, e.g." Cowles v. Peterson
E.D. Va. · 2004 · signal: see also · confidence medium
The United States Court of Appeals for the Fourth Circuit. (“Fourth Circuit”) has stated that “[wjhere the acts alleged by- the plaintiff do constitute a violation of clearly established rights, a defendant is entitled to summary judgment if the record does not create a genuine issue as to whether the defendant in fact committed those acts.” Turner v. Dammon, 848 F.2d 440, 443 (4th Cir.1988); see also Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited "see, e.g." Nusbaum v. Terrangi
E.D. Va. · 2002 · signal: see also · confidence medium
The United States Court of Appeals for the Fourth Circuit has stated that “[w]here the acts alleged by the plaintiff do constitute a violation of clearly established rights, a defendant is entitled to summary judgment if the record does not create a genuine issue as to whether the defendant in fact committed those acts.” Turner v. Dammon, 848 F.2d 440, 443 (4th Cir.1988), overruled on other grounds, Johnson v. Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995); see also Mensh v. Dyer, 956 F.2d 36, 39 (4th Cir.1991).
discussed Cited "see, e.g." United States v. Sargent
D. Me. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) (delay of only a few seconds between knock and entry justified because police heard the sound of someone running); McClure v. United States, 332 F.2d 19, 21-22 (9th Cir.1964) (four to five second wait was sufficient because police heard footsteps running away from the door).
discussed Cited "see, e.g." Taft v. Vines (2×)
4th Cir. · 1996 · signal: see also · confidence low
See also Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987). 29 Similarly, in Mensh v. Dyer, 956 F.2d 36 (4th Cir.1991), we addressed a case in which a homeowner brought a Sec. 1983 action when he was mistakenly detained by an arrest team in the middle of the night. 956 F.2d at 37 .
discussed Cited "see, e.g." Rouse v. Nielsen
D.S.C. · 1994 · signal: see also · confidence medium
United Mine Workers v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 (1966) (footnote omitted); Brandenburg v. Seidel, 859 F.2d 1179, 1190 (4th Cir.1988) (once RICO claims have been dismissed, pendent state claims are also properly dismissed); see also Mensh v. Dyer, 956 F.2d 36, 40 (4th Cir.1991) (dismissal of pendent state claims proper where no independent diversity grounds exist).
cited Cited "see, e.g." Rodriguez v. United States
D.P.R. · 1993 · signal: see also · confidence medium
See also Mensh v. Dyer, 956 F.2d 36, 39-40 (4th Cir.1991).
Retrieving the full opinion text from the archive…
James W. MENSH, Bennie P. Mensh, Plaintiffs-Appellees,
v.
R.A. DYER, M.G. Tsoleas, Jr., C.M. Chidester, Jr., Defendants-Appellants, and Ted Banholzer, Gerald C. Fayed, Defendants
90-2913.
Court of Appeals for the Fourth Circuit.
Jan 13, 1992.
956 F.2d 36
Gregory E. Lucyk, Sr. Asst. Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., on brief), for defendants-appellants., Clifford Lee Harrison, Stone, Hamrick, Harrison & Turk, P.C., Radford, Va., argued (Daniel D. Hamrick, on brief), for plaintiffs-appellees.
Hall, Staker, Southern, Virginia, Kaufman.
Cited by 53 opinions  |  Published

Lead Opinion

OPINION

STAKER, District Judge:

In the early morning hours of April 4, 1989, a joint state and federal arrest team attempted to execute a warrant against James William Mensh at his home in Chris-tiansburg, Virginia. It was a case of mistaken identity; the warrant was meant for his son, who has the same name. As a result of that incident, James and Bennie Mensh brought a federal civil rights action, and related state claims, against three state police officers and one FBI agent. The district court denied the state defendants’ motion for summary judgment, and the State of Virginia now appeals.

The issue before us is whether the district court erred in denying the Virginia State Police officers’ motion for summary judgment seeking qualified immunity. Facts

A federal grand jury handed down a 17-count indictment charging James William Mensh, among others, with drug trafficking crimes. The indictment also required the forfeiture of a vehicle owned by James[*38] William Mensh. A warrant was issued on the basis of the indictment and a joint state and federal arrest team was directed to execute it. The arrest team included Federal Bureau of Investigation Special Agent Ted Banholzer and Virginia State Police officers Randy A. Dyer, M. George Tso-leas, Jr., and Calvin M. Chidester. The team received an arrest packet which contained a brief description of the suspect and his address, but included no birth date or social security number. It also contained photo copies of two photographs which had not reproduced clearly. On the morning of the arrest Officer Dyer learned from the Department of Motor Vehicles that a valid driver’s license had been issued in the name of James William Mensh which showed him to be 56 years old.

About 6:00 a.m. on April 4, 1989, the team assembled outside the home of James and Bennie Mensh. The state officers were armed and wore casual clothes and blue all-weather jackets boldly marked in yellow with state police insignia. Agent Banholzer was also armed and wore a sport coat with his badge clipped to the front pocket. The officers strategically stationed themselves around the doorways, then hammered on the front door with the metal door knocker.

Inside, the Menshs were asleep. Bennie Mensh was awakened by a knock and in turn woke her husband, saying that someone was at the front door. He called out the window but did not hear a response. He went downstairs to investigate and saw through the window the silhouette of a man with a shotgun. He rushed back upstairs to telephone 911, to contact the local police. The officers outside heard the sound of running feet and called out “Police! We have a warrant!” or something to that effect. Seconds later, they broke down the front door.

As the arrest team was securing the ground floor, Lt. James A. Epperley of the Christiansburg Police Department arrived in response to the Menshs’ 911 call. He found the arrest team officers positioned with guns aimed upstairs at the bedroom door. They were yelling, swearing and ordering Mr. Mensh to come downstairs with his hands up. Lt. Epperley told them he knew Mr. Mensh and would talk to him. He identified himself to Mr. Mensh, who immediately opened the door and started down the steps with his hands at his sides. One of the agents repeatedly told Mr. Mensh to raise his hands, which he did only when he got to the bottom of the stairs. They grabbed him, pushed him against the wall and handcuffed him.

The agents informed him they had a federal warrant for his arrest. At that point, Mr. Mensh said they did not want him, they wanted his son. Someone showed the photograph from the arrest packet to Mrs. Mensh, who had followed her husband downstairs, and she identified it as a picture of her son. Mr. Mensh asked the officers to remove the handcuffs but the FBI agent refused. He said that he was securing the scene and would not remove the handcuffs until Mr. Mensh had become more composed, he being deemed by the F.B.I. agent to be in an extremely agitated state. The officers questioned the Menshs about their son and his whereabouts and then released Mr. Mensh. They asked Lt. Epperley to stay at the scene to prevent the Menshs from warning their son, but he refused. The arrest team then left the house and drove to Roanoke where they successfully arrested James William Mensh, Jr.

The incident engendered some publicity. James and Bennie Mensh brought a civil rights action against FBI Special Agent Banholzer and Virginia State Police Special Agents Dyer, Tsoleas and Chidester. The complaint alleged four state counts — slander, assault and battery, false imprisonment, and intentional infliction of emotional distress — in addition to a violation of 42 U.S.C. § 1983. The district court dismissed the claim against Federal Agent Banholzer, but denied the state defendants’ motion for summary judgment, holding that they had failed to establish their claim of qualified immunity. The Virginia defendants appealed.

[*39] Analysis

I

42 U.S.C. § 1983 allows recovery for plaintiffs who are denied their federal civil rights by someone acting “under color of state law.” If there is no deprivation of federal rights, the inquiry ends. If a violation has occurred, a suit may still be barred by the state official's qualified immunity. See Torchinsky v. Siwinski, 942 F.2d 257, 261 (4th Cir.1991).

Qualified immunity is an “entitlement not to stand trial or face the other burdens of litigation” and is essentially irreclaimable once a case is allowed to go to trial. Accordingly, the denial of a motion for summary judgment based on a claim of qualified immunity is a “final decision” for purposes of appellate review. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985).

The court of appeals must review the summary judgment motion under the same standard used by the trial court. If there is no genuine issue of material fact, the moving party is entitled to judgment as a matter of law. Proper review, under Fed. R.Civ.P. 56, encompasses the entire summary judgment record, viewed in the light most favorable to the plaintiffs. Turner v. Dammon, 848 F.2d 440, 443-444 (4th Cir.1988).

The state police officers are entitled to summary judgment on the ground of qualified immunity if they can establish that reasonable officers could have believed that their actions were lawful in light of both clearly established law and the information the officers possessed at the time. Anderson v. Creighton, 483 U.S. 635, 641, 107 S.Ct. 3034, 3039-3040, 97 L.Ed.2d 523 (1987). We inquire into the “objective legal reasonableness” of the actions; the officers’ subjective beliefs are irrelevant. Id. at 639, 107 S.Ct. at 3038 (citing Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)) and 483 U.S. at 641, 107 S.Ct. at 3039-3040.

II

After review of the summary judgment record, we conclude that there are no material facts in dispute. The facts, viewed in the light most favorable to the plaintiffs, support the defendants’ claim of qualified immunity. As grounds for their § 1983 action, the plaintiffs allege that the officers: (1) lacked probable cause to arrest Mr. Mensh, (2) failed to knock and announce their presence, and (3) used excessive force in making the arrest.

A. Lack of Probable Cause

In Baker v. McCollan, 443 U.S. 137, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979), police arrested and detained a man for three days on a warrant intended for his brother. The Supreme Court held that he was not deprived of his constitutional rights; the warrant conformed to the requirements of the fourth amendment and was supported by probable cause. An arrest based on probable cause does not violate the fourth amendment, even if the wrong person is arrested. Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 1871-1872, 104 L.Ed.2d 443 (1989) (citing Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971)).

This Court decided a case factually similar to the present one in Thompson v. Prince William County, 753 F.2d 363 (4th Cir.1985). We held that “[n]ot every mix-up in the issuance of the arrest warrant, even though it leads to the arrest of the wrong person, with attendant inconvenience and humiliation, automatically constitutes a constitutional violation for which a remedy may be sought under 42 U.S.C. § 1983.” Id. at 364.

In Thompson, an undercover investigation supplied the information necessary for a warrant. Officers who had not participated in the investigation executed the warrant and arrested a woman fitting the warrant’s description. At her initial court appearance, the undercover police officer saw her for the first time and realized she was the wrong person. Charges were dropped. We held that it would have been unreasonable to abandon execution of the warrant,[*40] despite the existence of “slight discrepancies,” because of the strong similarities between the arrestee and the person sought. The warrant itself was valid and supported by probable case. Id. at 365.

In the present case the officers attempted to execute a facially valid arrest warrant based on a federal indictment. Their actions are supported by probable cause and did not violate the Menshs’ federally-protected rights. The Menshs raise the following additional arguments in support of their claim, not against the warrant but against its manner of execution.

B. Failure to Knock and Announce

The state officers’ duty to announce their authority and purpose before entry is governed by the fourth amendment’s “reasonableness” standard. “Knock and announce” requirements vary with the circumstances of each case. Simons v. Montgomery County Police Officers, 762 F.2d 30, 32 n. 1 (4th Cir.1985), cert. denied, 474 U.S. 1054, 106 S.Ct. 789, 88 L.Ed.2d 767 (1986). Even simultaneous entry is permissible if there is a likelihood of escape or resistance. United States v. Jackson, 585 F.2d 653, 662 (4th Cir.1978). The facts do not support the Mensh’s claim of a constitutional violation. Mr. Mensh’s affidavit states that his wife heard a knock near the front door which awakened her. He ran upstairs after seeing the silhouette of a shotgun when investigating that knock. The arrest team heard the sound of running feet and was justified in making an expeditious entry.

C. Use of Excessive Force

Claims that law enforcement officers used excessive force in effecting an arrest must be analyzed under the fourth amendment’s “objective reasonableness” standard, taking into account the facts and circumstances of each case. Graham v. Connor, 490 U.S. at 394-396, 109 S.Ct. at 1870-1872. “The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving, about the amount of force necessary in a particular situation.” Id. at 396-397, 109 S.Ct. at 1871-1872. Officers are entitled to use the amount of force necessary to take an individual into custody. Id. See Martin v. Gentile, 849 F.2d 863 (4th Cir.1988). The officers attempting to arrest Mr. Mensh on the basis of a valid warrant had been trained that violence often accompanies drug arrests. His behavior — shouting, running, refusing to come out of the bedroom, refusing to raise his hands, failing generally to comply with police orders — appeared uncooperative to the officers on the scene. The officers did not slap or punch Mr. Mensh. He was physically restrained only when he was given a pat-down search and handcuffed.

Finally, he was released after members of the arrest team listened to his entreaties and conceded their mistake. In executing a warrant, officers are not required to investigate independently every claim of innocence. Baker v. McCollan, 443 U.S. at 145-146, 99 S.Ct. at 2695-2696. In the ensuing confusion a brief detention to question Mr. Mensh’s assertions, reevaluate the situation and secure the scene was prudent and “objectively reasonable.” It is undisputed that he suffered no physical injury as a result of the incident. In considering the totality of the circumstances it appears that the use of force was not objectively unreasonable and was therefore not constitutionally excessive.

Conclusion

The state defendants are entitled to summary judgment on the basis of qualified immunity. The pendent state claims are dismissed, there being no independent diversity grounds. See Thompson v. Prince William County, 753 F.2d at 365.

REVERSED.

Dissent

KAUFMAN, Senior District Judge,

dissenting:

I would affirm the refusal of the district judge to grant summary judgment for the reasons stated by him in his Memorandum Opinion filed July 12, 1990. Whether ex[*41] cessive force and/or unreasonable continuance of detention occurred — and if so, which of the defendants, if any, violated plaintiffs’ rights — present factual issues which, in my view, at least entitle plaintiffs to conduct discovery. Excessive force and/or unreasonable continuance of detention can violate constitutional rights of persons subjected to the same. See Johnson v. Morel, 876 F.2d 477 (5th Cir.1989); Wilkins v. May, 872 F.2d 190 (7th Cir.1989). Accordingly, I respectfully dissent.