In a 42 U.S.C. section 1983 action alleging that defendant-officers unlawfully detained plaintiffs and searched their home, summary judgment for defendants on qualified immunity grounds is affirmed where defendants’ discovery of marijuana ultimately gave them reason to detain plaintiffs, to seize the marijuana, and to perform two more searches of plaintiffs’ apartment.

Read Harman v. Pollock, No. 08-4068

Appellate Information

Filed November 18, 2009

Judges

Opinion by Judge Henry

Counsel

For Appellants:

Robert B. Sykes, Alyson E. Carter, Scott R. Edgar, Robert B. Sykes & Associates, P.C., Salt Lake City, UT

For Appellees:

J. Clifford Petersen and Mark L. Shurtleff, Utah Attorney General’s Office, Salt Lake City, UT

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