United States Tenth Circuit

In a 42 U.S.C. section 1983 action based on a warrantless search, summary judgment for Defendants based on qualified immunity is affirmed, where clearly established law did not show that Defendants violated the Fourth Amendment given general acceptance of the "consent once removed" doctrine.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

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.