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STEARNS v. CLARKSON

Nos. 09-3103, 09-3110.

615 F.3d 1278 (2010)

Daniel N. STEARNS, Plaintiff-Appellee, v. Floyd E. CLARKSON, Defendant-Appellant, The Board of County Commissioners of the County of Cowley, Kansas; Christopher Smith, County Attorney for Cowley County; Bob G. Odell, Sheriff of Cowley County; Tom Campbell, Cowley County Sheriff Deputy; Jeff Elston, Cowley County Sheriff Deputy; Doug Allison, Cowley County Sheriff Deputy; Steven Deill; City of Winfield, Kansas; Jerry DeVore, Chief of the Winfield Police Department; Steve Bumpas, Cowley County, Kansas, Sheriff Corrections Officer; Roger Dobbs, Cowley County, Kansas, Corrections Officer, Defendants. Daniel N. Stearns, Plaintiff-Appellee, v. Christopher Smith, County Attorney for Cowley County; Tom Campbell, Cowley County Sheriff Deputy; Steve Bumpas, Cowley County, Kansas, Sheriff Corrections Officer, Defendants-Appellants. Floyd E. Clarkson; The Board of County Commissioners of the County of Cowley, Kansas; Bob G. Odell, Sheriff of Cowley County; Jeff Elston, Cowley County Sheriff Deputy; Doug Allison, Cowley County Sheriff Deputy; Steven Deill; City of Winfield, Kansas; Jerry Devore, Chief of the Winfield Police Department; Roger Dobbs, Cowley County, Kansas, Corrections Officer, Defendants.

United States Court of Appeals, Tenth Circuit.

August 13, 2010.

Attorney(s) appearing for the Case

Daniel E. Lawrence (Stephen E. Robison and Lyndon W. Vix, on the brief), Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, appearing for Appellant Clarkson.

Edward L. Keeley, McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, KS, appearing for Appellants Smith, Campbell, and Bumpas.

Michelle K. Moe, Joseph & Hollander, P.A., Wichita, KS, appearing for Appellee.

Before TACHA, HOLLOWAY, and HARTZ, Circuit Judges.

TACHA, Circuit Judge.

This case arises out of the arrest and strip search of plaintiff-appellee Daniel N. Stearns in Winfield, Kansas on March 23, 2006. Mr. Stearns filed a civil rights suit under 42 U.S.C. § 1983 against Cowley County, the City of Winfield, and nine individual law enforcement officials, alleging violations of his Fourth Amendment right to be free from unreasonable searches and seizures. Defendants Floyd Clarkson, Tom Campbell, Steve Bumpas,...

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