The following excerpt is from Rivera v. U.S., 928 F.2d 592 (2nd Cir. 1991):
In sum, though it was undoubtedly reasonable as a matter of law for the agents to frisk the occupants of the apartments and to prevent them, prior to completion of the searches, from making telephone calls that could prematurely alert coconspirators, the claims that no notice of entry was given, that property was unreasonably destroyed, and that physical treatment was excessively rough or intrusive, raised questions of fact. Any question as to whether, if plaintiffs' Fourth Amendment rights were violated, the individual defendants have qualified immunity because they had a reasonable belief that, under the circumstances, their actions did not violate those rights, also rests on disputed questions of fact. See Anderson v. Creighton, 483 U.S. at 642-46, 107 S.Ct. at 3040-42. We conclude that the district court erred in ruling that the treatment of the occupants and their property during the execution of the warrants was reasonable as a matter of law and in dismissing these claims on summary judgment.
B. The Claims of Ethnic Discrimination
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