United States Eleventh Circuit

In a 42 U.S.C. section 1983 suit regarding the administrative search of plaintiff's place of business and subsequent seizure of property pursuant to a warrant, summary judgment for defendants is vacated and remanded where: 1) there was a genuine issue of material fact as to whether the administrative inspection in this case was reasonable, as required by the Fourth Amendment; 2) there is a similar issue for trial with respect to the claimed retention of plaintiff's property after appeal; 3) plaintiff created a triable issue of fact with respect to the existence of a policy of failure to train the officers that, upon resolution, may subject a sheriff to liability in his official capacity; and 4) the officers are not entitled to qualified immunity from the lawsuit.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• HILL, Circuit Judge:, Before CARNES, WILSON, and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Howard S. Marks, Graham, Builder, Jones, Pratt & Marks, LLP, Winter Park, FL, James K. Green, James K. Green, P.A., West Palm Beach, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Ian D. Forsythe, Hilyard, Bogan & Palmer, P.A., Orlando, FL, for Defendants-Appellees.