The 5th U.S. Circuit Court of Appeals has denied immunity to a Mississippi Bureau of Narcotic's agent being sued over raiding the wrong home in a 2010 Pearl drug sting.

The court upheld a U.S. District Court's decision to deny "qualified immunity" to MBN agent Brad McLendon, whom court documents show raided the wrong Pearl home after a drug investigation led by the Pearl Police Department.

Brett and Amanda Jo Gerhart, who live in the wrongly targeted home on the 400 block of Robert Drive in Pearl, sued McLendon, along with Rankin County, saying their fourth, fifth and 14th amendment rights on unreasonable search and seizure and excessive force were violated.

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They also alleged state law claims of civil conspiracy, reckless infliction of emotional distress and negligent infliction of emotional distress.

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McLendon filed a motion for summary judgment, arguing he was entitled to qualified immunity on the federal law claims and that the Mississippi Tort Claims Act barred their state law claims.

The district court ruled against the Gerharts' state law claims. However, the court found "multiple issues of disputed fact" suggesting McLendon "did not partake of the simplest precaution of his unconstitutional Fourth Amendment violation of the Gerhart residence."

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McLendon appealed the decision, and Wednesday the state Court of Appeals said it didn't find "a genuine factual dispute" to reverse the district court's decision.

What happened with the raid?

According to court documents, Pearl Police Department Detective Jamie Scouten used a confidential informant to buy methamphetamine at a residence on the 400 block of Robert Michael Drive.

The Drug Enforcement Administration was made aware of Scouten's investigation and requested he conduct another buy to "freshen up" the probable cause for arrest and search warrants. Scouten asked for back-up from other law enforcement agencies, including Rankin County and the Rankin County district attorney's Office.

McLendon testified in U.S. District Court that he was sent to the Pearl Police Department to help with the operation, but the court found Scouten never asked McLendon to join the operation.

The plan, according to court documents, was for the CI to purchase methamphetamine and bring it to the officers, who would test it.

After entering the target residence on Robert Michael Drive and buying $600 of methamphetamine, the CI texted Scouten that she was in danger.

Scouten broadcast to officers that the CI was in danger and told them to converge on the target residence.

Brett Gerhart, who lives near the target residence, was standing in front of his house when McLendon's black Cadillac Escalade drove onto his front yard. Shortly after, three officers joined McLendon, pulled out their weapons and entered the home.

According to court documents, officers encountered Amanda Gerhart, who was in a fetal position, holding a baby in her arms. She retreated to her son Ian's room and called 911. Ian told the operator there were men with guns in the house.

After realizing they were in the wrong house, officers left.

The Gerhart family filed a lawsuit.

McLendon attempted to argue that there is no case "that requires an officer who does not plan a search or lead a search team to ensure that the place to be searched is correctly identified." He also argued "extreme circumstances" in the Gerhart case should balance in his favor.

The court rejected both arguments.

The court ruled that McLendon "made no effort whatsoever - let alone a reasonable one - to correctly identify the place to be searched."