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PUEBLO NEIGHBORHOOD HEALTH CENTERS v. LOSAVIO

Nos. 86-1171, 86-1172.

847 F.2d 642 (1988)

PUEBLO NEIGHBORHOOD HEALTH CENTERS, INC., et al., and Oliver P. Pacheco, et al., Plaintiffs-Appellees, v. Joseph E. LOSAVIO, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 24, 1988.

Attorney(s) appearing for the Case

Nancy E. Rice (Robert N. Miller, U.S. Atty., with her on the briefs), Asst. U.S. Atty., for defendants-appellants.

Russell Olin (Montie L. Barringer, Pueblo, Colo., and Judith Firestone, of Pueblo County Legal Services, Inc., Pueblo, Colo., with him on the briefs), Beulah, Colo., for plaintiff-appellee, Oliver P. Pacheco.

Kenneth A. Padilla, Denver, Colo., for plaintiff-appellee, Pueblo Neighborhood Health Centers, Inc.

Before MOORE, BARRETT and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is an appeal from the district court's denial of the defendants' motions for summary judgment. The defendants sought summary judgment on qualified immunity grounds. Because the district court improperly applied the standards for determining the availability of qualified immunity, we reverse.

I.

The two lawsuits before the court arise from the seizure, inspection, copying, and retention of medical records from two facilities...

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