United States Tenth Circuit

In a 42 U.S.C. section 1983 action, denial of qualified immunity for defendant-reserve-force deputy sheriff and lawyer in connection with a search of plaintiffs' real property is reversed in part where: 1) while defendant obtained plaintiffs' consent to search their property in violation of the Fourth Amendment, the illegality was not clearly established; and 2) defendant did not extract a confession from plaintiff-wife in violation of the Fifth Amendment. However, defendant's appeal from denial of summary judgment on a legal malpractice claim is dismissed for lack of jurisdiction.

Appellate Information

• Decided 02/13/2008
• Published 02/14/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, McKAY, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   Chris J. Collins, Stephen L. Geries, Collins, Zorn, & Wagner, P.C., Oklahoma City, OK, for Defendant-Appellant., Richard O'Carroll, O'Carroll & O'Carroll, Tulsa, OK, for Plaintiffs-Appellees.