United States Sixth Circuit

Police officers are not entitled to summary judgment on 42 U.S.C. section 1983 claims pertaining to searches either on the merits or on grounds of qualified immunity, but officers had probable cause for warrants to search a basement and reasonably could have believed this established probable cause for searches of the entire residence.

Appellate Information

• Argued 04/30/2003
• Decided 07/22/2003
• Published 07/22/2003

Judges

• Before:  MOORE and ROGERS, Circuit Judges;  KATZ, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David R. Marshall(argued and briefed), Lexington, Kentucky, for Plaintiff-Appellant.


• For Appellees:
  
• Douglas L. McSwain (briefed), Bryan H. Beauman (argued and briefed), Sturgill, Turner, Barker & Maloney, Lexington, Kentucky, for Defendant-Appellees.