United States Tenth Circuit

Grant of qualified immunity to defendants in a 42 U.S.C. section 1983 case arising out of an allegedly wrongful detention of plaintiffs during a midnight law enforcement raid is reversed in part as to plaintiffs' claims of an unlawful search and seizure where there were material factual disputes about when officers should have realized they were at a separate residence not encompassed by a warrant.

Appellate Information

• Decided 05/03/2006
• Published 05/03/2006

Judges

• PER CURIAM., Before HENRY, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Sykes (with Kevin M. Sheff on the briefs), Robert B. Sykes & Associates, P.C., Salt Lake City, Utah, for Plaintiffs-Appellants.


• For Appellees:
  
• Debra J. Moore (with Nancy L. Kemp, Assistant Attorney General, J. Clifford Petersen, Assistant Attorney General and Mark L. Shurtleff, Attorney General, on the brief), Assistant Attorney General, Salt Lake City, Utah, for Defendants-Appellees.