HUGHES v. DAKOTA COUNTY

No. 48913.

278 N.W.2d 44 (1978)

Willis K. HUGHES, Respondent, v. DAKOTA COUNTY et al., Respondents, City of Lakeville and Clinton Anderson, Individually and as a member of the Lakeville Police Department, Petitioners, Donald Hamilton, Individually, and as a member of the Scott County Sheriff's Department, Respondent, City of Hastings, et al., Defendants, and Paul A. McCLURE, Respondent, v. DAKOTA COUNTY et al., Respondents.

Supreme Court of Minnesota.

December 22, 1978.


Attorney(s) appearing for the Case

Carroll, Cronan, Roth & Austin, Minneapolis, Grannis & Grannis and Roger N. Knutson, South St. Paul, for petitioners.

Meshbesher, Singer & Spence and John P. Clifford, Minneapolis, for Hughes.

Bundgaard & Jacobson, St. Paul, for Dakota County.

Robert W. Gislason, Edina, for Hamilton.

Oliphant & Marron, Minneapolis, for McClure.

Heard before KELLY, TODD, and SCOTT, JJ., and considered and decided by the court en banc.


KELLY, Justice.

This appeal arises from an action to recover damages sustained as the result of an allegedly illegal search executed at the home of plaintiff Paul A. McClure on March 1, 1976. The search warrant was issued on the basis of information obtained from a reliable confidential informant who claimed to have made a purchase of heroin from one John Emerson at the house in question.

Subsequent to the search, both McClure, who was a tenant in the house...

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