In a 42 U.S.C. section 1983 action alleging violations of plaintiffs’ constitutional rights arising out of the search of their home and the arrest of plaintiffs in connection with a murder they did not commit, summary judgment for defendants is affirmed where: 1) neither of an officer’s problematic representations in support of the warrant at issue was critical to the probable cause determination; 2) the issuing judge could reasonably find the information provided by a witness to be reliable under the circumstances; and 3) the language of the warrant was not overbroad.
Read Ewing v. City of Stockton, No. 08-15732
Appellate Information
Argued and Submitted October 6, 2009
Filed December 9, 2009
Judges
Opinion by Judge Adelman
Counsel
For Appellants:
Terry Gross, San Francisco, CA
For Appellees:
Shelley L. Green and Jason R. Morrish, Stockton, CA
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