Walker v. City of Orem, 04-4140
Denial of qualified immunity to specific officer-defendants in a case arising out of a police shooting and subsequent detention of witnesses to the shooting is reversed where although plaintiffs adequately alleged a violation of their Fourth Amendment right to be free from unreasonable seizures, the contours of the right were not sufficiently established that a reasonable officer would have known that the detention was unlawful.
- Decided 06/28/2006
- Published 06/28/2006
EBEL, Circuit Judge., Before HARTZ, EBEL, and McCONNELL, Circuit Judges.
United States Tenth Circuit
Submitted on the briefs:
Jesse C. Trentadue, Michael W. Homer, Suitter Axland, Salt Lake City, UT, for Defendants-Appellants in 04-4140, for Defendants-Appellees in 05-4038., Margaret D. Plane, American Civil Liberties Foundation, Inc., Salt Lake City, UT, for Plaintiffs-Appellees in 04-4140, for Plaintiffs-Appellants in 05-4038., Ralph E. Chamness, Lauren I. Scholnick, Erika Birch, Strindberg, Scholnick & Chamness, LLC, Salt Lake City, UT, for Plaintiffs-Appellees in 04-4140, 05-4016, 05-4025, and for Plaintiffs-Appellants in 05-4038., Andrew M. Morse, Heather S. White, Snow Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellant in 05-4016., Peter Stirba, Gary R. Guelker, Stirba & Associates, Salt Lake City, UT, for Defendant-Appellant in 05-4025.