United States Tenth Circuit

In a civil rights action arising from a police raid of plaintiff's home, summary judgment for defendants is reversed in part and remanded where: 1) officers violated plaintiff's constitutional rights when they entered his home based on the invitation of an informant and without a warrant, direct consent, or other exigent circumstances; 2) the district court incorrectly determined that those rights were not clearly established, as there is no legal support for allowing an informant to summon backup officers to a home after the informant has been invited with consent; and 3) consequently the officers are not protected by qualified immunity.

Appellate Information

• Decided 07/16/2007
• Published 07/17/2007

Judges

• KELLY, Circuit Judge., Before KELLY and EBEL, Circuit Judges, and MURGUIA, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James K. Slavens, Fillmore, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Peter Stirba (Barbara L. Townsend and Meb W. Anderson with him on the brief), Stirba & Associates, Salt Lake City, UT, for Defendants-Appellees.