United States Second Circuit

In case arising from illegal search of a restricted part of a home, related to sheriff's deputies responding to a domestic complaint made by plaintiff's ex-girlfriend, denial of summary judgment for defendant deputies is reversed where defendants are entitled to qualified immunity, as: 1) the law governing third-party consent searches is unsettled; and 2) defendants made a reasonable mistake in applying that law to the situation at hand.

Appellate Information

• Decided 10/22/2007
• Published 10/22/2007

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER and SACK, Circuit Judges, and DANIELS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Frank W. Miller, East Syracuse, N.Y., for Defendants-Cross-Claimants-Appellants-Cross-Appellees., Terrence P. O'Leary, Walton, N.Y., for Plaintiff-Appellee-Cross-Appellant.