United States Tenth Circuit

In an action seeking damages for the search and seizure of plaintiff's computer as part of an aborted criminal libel prosecution, dismissal of the action against defendant-district attorney based on qualified immunity is reversed where: 1) the amended complaint plausibly asserted the requisite casual connection between defendant's conduct and the search and seizure that occurred at plaintiff's home; and 2) because a reasonable person would not take the statements in the editorial column at issue as statements of facts by or about the alleged libel victim, no reasonable prosecutor could believe it was probable that publishing such statements constituted a crime warranting a search and seizure of plaintiff's property.

Appellate Information

• Decided 07/19/2010
• Published 07/19/2010

Judges

• Stephanie Kulp Seymour

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Marcy G. Glenn, Andrew D. Ringel