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ORTIZ v. VAN AUKEN

No. 88-2815.

887 F.2d 1366 (1989)

Ben ORTIZ, Plaintiff-Appellee, v. Robert C. VAN AUKEN, Defendant, and Wayne C. Spencer, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 27, 1989.

Attorney(s) appearing for the Case

James P. Hurlbutt, Hurlbutt, Clevenger, Long & Vortmann, Visalia, Cal., for defendant-appellant.

I. Singh Aulakh, Visalia, Cal., for plaintiff-appellee.

Before WALLACE and NOONAN, Circuit Judges, and LEW, District Judge.

WALLACE, Circuit Judge:

Police Sergeant Spencer appeals from the district court's denial of his motion for summary judgment on the basis of qualified immunity. Ortiz sued Spencer and others under 42 U.S.C. § 1983 alleging that the police illegally searched his home on the basis of a search warrant unsupported by probable cause. Spencer contends that even if the search was illegal, his conduct in consulting and securing the approval of a deputy district attorney...

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