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United States Tenth Circuit


Stearns v. Clarkson, 09-3103

In an action arising out of plaintiff's arrest and strip search, a denial of defendants' motion for summary judgment is affirmed in part where the facts would not lead a reasonable person to conclude that probable cause existed to arrest plaintiff for disorderly conduct. However, the order is reversed in part where, while the record did not support a conclusion that defendant himself reasonably believed probable cause existed to arrest plaintiff, it in no way undermined his reliance on "the flawed conclusions of [his] fellow police officers."

Appellate Information

  • Decided 08/13/2010
  • Published 08/13/2010

Judges

  • Deanell Reece Tacha

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Daniel E. Lawrence, Michelle K. Moe

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