RUSSELL v. HARDIN

Nos. 88-1805WA, 88-1806WA.

879 F.2d 417 (1989)

Arthur H. RUSSELL, Plaintiff-Appellee, v. Bill HARDIN, et al., and Major McPherson, et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1989.


Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Washington, D.C. and Gordon Webb, Harrison, Ark., for defendants-appellants.

L.T. Bradt, Houston, Tex., for plaintiff-appellee.

Before FAGG and BEAM, Circuit Judges, and DUMBAULD, Senior District Judge.


DUMBAULD, Senior District Judge.

This case presents an interesting question as to the scope of protection accorded to police and other law enforcement officers by the doctrine of qualified immunity. The District Court denied appellant's motion for summary judgment on the ground that there was a disputed issue of material fact with respect to the officers' subjective intent in executing a valid search warrant. Since that conclusion...

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