United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging that defendant-officers unlawfully detained plaintiffs and searched their home, summary judgment for defendants on qualified immunity grounds is affirmed where defendants' discovery of marijuana ultimately gave them reason to detain plaintiffs, to seize the marijuana, and to perform two more searches of plaintiffs' apartment.

Appellate Information

• Decided 11/18/2009
• Published 11/18/2009

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, BRISCOE and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Sykes and Alyson E. Carter, (with Scott R. Edgar on the brief), Robert B. Sykes & Associates, P.C., Salt Lake City, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• J. Clifford Petersen, (with Mark L. Shurtleff, Utah Attorney General, on the briefs), Assistant Utah Attorney General, Salt Lake City, UT, for Defendants-Appellees.