Michael W. O'ROURKE, Shirley M. O'Rourke and Kathleen O'Rourke, Plaintiffs-Appellants,
v.
The CITY OF NORMAN, a Municipal Corporation; Kelvin Winter and Doug McKenzie, individually and in their official capacity as duly authorized law enforcement officers for the City of Norman; and Steve Cain, individually and in his official capacity as a police supervisor and a duly authorized law enforcement officer for the City of Norman, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 23, 1989.
May 23, 1989.
Attorney(s) appearing for the Case
Micheal Salem of Salem Law Offices, Norman, Oklahoma, and Louis W. Bullock of Bullock & Bullock, Tulsa, Okl., for plaintiffs-appellants.
Burton J. Johnson (Patricia D. Herron, Asst. City Atty., Norman, Oklahoma, with him, on the briefs), of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., for defendants-appellees.
Don Ed Payne of Payne & Welch, Hugo, Okl., and Louis F. Cooper, Bethesda, Md., filed an amicus curiae brief, for American Civ. Liberties Union of Oklahoma; Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., filed an amicus curiae brief, for American Civ. Liberties Union of the Nat. Capital Area; Karen L. Long of Watson & McKenzie, Oklahoma City, Okl., filed an amicus curiae brief, for Oklahoma Educ. Ass'n.
Before McKAY, BRIGHT and BRORBY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRORBY, Circuit Judge.
This is an appeal from a judgment against the plaintiffs in a non-jury trial. O'Rourke v. City of Norman,640 F.Supp. 1451 (W.D.Okla.1986). The plaintiffs' claim alleged a violation of 42 U.S.C. § 1983 arising from the nighttime search of their home pursuant to a daytime bench warrant for contempt issued by a small claims court. Basing its decision on extensive findings of fact and erroneous...
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