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MICHALIK v. HERMANN

No. 03-30780.

422 F.3d 252 (2005)

Michael E. MICHALIK, Jr., Individually and on behalf of the minor child, Hannah E. Michalik; Deborah P. Michalik, his wife, Plaintiffs-Appellees, v. Mike HERMANN, Deputy Sheriff; et al., Defendants, Kevin Guillot; Paul Toye; Mike Hermann, Deputy Sheriff; Harrell Clark; Shennandoah Jones; Eric Levis, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

James R. Logan, IV (argued), Isaac Harris Soileau, Jr. (argued), Logan & Soileau, New Orleans, LA, for Plaintiffs.

James B. Mullaly, New Orleans, LA, Franz L. Zibilich (argued), Martiny & Caracci, Metairie, LA, for Kevin Guillot and Paul Toye.

Mary Ann Hand (argued), Salvador E. Gutierrez, Jr., Gutierrez & Hand, Chalmette, LA, for Mike Hermann, Harrell Clark and Shennandoah Jones.

Lowell V. Sturgill, Jr. (argued), U.S. Dept. of Justice, Civil Div.-Appellate Staff, Washington, DC, for Eric Levis.

Before REAVLEY, JOLLY and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This § 1983 and Bivens Fourth Amendment related case has its origins in the search of the home of Michael and Deborah Michalik ("the Michaliks"). The search was conducted under a warrant issued as part of an investigation into a New Orleans drug operation, involving several local, state, and federal officers. The search failed to uncover any evidence of illegal activity, and the Michaliks brought suit against those involved...

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