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LAVICKY v. BURNETT

Nos. 82-1969, 82-1998 and 82-1999.

758 F.2d 468 (1985)

David LAVICKY, Plaintiff-Appellee and Cross-Appellant, v. Bob BURNETT, Deputy Sheriff of Garfield County; Sam Otis, Deputy Sheriff of Alfalfa County; Delmar Coppock, Sheriff of Alfalfa County; Ed L. Moore, Assistant District Attorney, Alfalfa County, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

March 19, 1985.

Attorney(s) appearing for the Case

Robert A. Nance, Asst. Atty. Gen. of Okl., Oklahoma City, Okl. (Michael C. Turpen, Atty. Gen. of Okl., Oklahoma City, Okl., with him on briefs), for defendant-appellant Ed L. Moore.

Stephen Jones, James Craig Dodd, and Mary Helm, Enid, Okl., filed briefs for defendants-appellants Robert Burnett, Delmar Coppock, and Sam Otis.

Christopher W. Venters, Oklahoma City, Okl. (Harley E. Venters, Oklahoma City, Okl., with him on the briefs), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SETH and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

These appeals arise from a jury verdict granting plaintiff David Lavicky damages for violations of his Fourth and Fourteenth Amendment right to be free from warrantless searches and seizures and for violations of his Fifth and Fourteenth Amendment right not to be deprived of property without due process of law. The jury awarded plaintiff compensatory damages of $300 and punitive damages of $250 against each defendant. The trial court, however...

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