United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging an unreasonable search, the denial of Sheriff-Defendant's motion for judgment as a matter of law due to qualified immunity is affirmed, where the warrant at issue permitted a general search and seizure of "all other evidence of criminal activity," and was thus a general warrant prohibited by the Fourth Amendment.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• SEYMOUR, Circuit Judge., Before MURPHY, SEYMOUR and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert M. Liechty (Jonathan A. Cross with him on the briefs) of Cross & Liechty, P.C., Denver, CO, for Defendant-Appellant., Peter R. Bornstein of Denver, CO, for Plaintiff-Appellee.