NAVARRO v. BARTHEL

No. 90-35743.

952 F.2d 331 (1991)

Jose G. NAVARRO; Esperanza C. Navarro, Plaintiffs-Appellees, v. F.K. BARTHEL, Defendant, and Thomas McCleary, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1991.


Attorney(s) appearing for the Case

Robert E. Franz, Jr., Eugene, Or., for defendant-appellant Thomas McCleary.

Thad M. Guyer, Medford, Or., for plaintiffs-appellees Jose G. Navarro and Esperanza C. Navarro.

Before TANG, O'SCANNLAIN and RYMER, Circuit Judges.


PER CURIAM:

Thomas McCleary, a Medford police officer, relied on a confidential informant to obtain a search warrant for "the second house on the right" of a street where the Navarros, who were not a target, live. McCleary, and other officers who executed the warrant, figured the Navarros' house was the second house on the right. It was not, and the Navarros brought this 42 U.S.C. § 1983 action alleging violation of their Fourth Amendment rights.

The...

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