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HARTSFIELD v. LEMACKS

No. 93-9298.

50 F.3d 950 (1995)

Leonard HARTSFIELD, Sr., Mattie Hartsfield, Plaintiffs-Appellants, v. D.G. LEMACKS, Individually and in his official capacities as Sheriff of Clayton County and as a member of The Clayton County Narcotics Unit, Robert E. Keller, individually and in his official capacities as District Attorney of Clayton County and a member of The Clayton County Narcotics Unit, Ricky McCane, individually and in his official capacities as a Police Officer with the Clayton County Police Department and a Narcotics Agent with The Clayton County Narcotics Unit, Ronnie Clackum, individually and in his official capacities as Police Chief of Clayton County and a member of The Clayton County Narcotics Unit, Don Colburn, individually and in his official capacities as an investigator with the Clayton County District Attorney's Office and Chief Agent of The Clayton County Narcotics Unit, et. al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended June 14, 1995.

Attorney(s) appearing for the Case

Alvin Lamont Kendall, Kendall & Dixon, Atlanta, GA, for appellants.

Larry A. Foster and Donald R. Foster, Foster & Foster, Jonesboro, GA, for Lemacks, et al.

Maureen M. Middleton and Beverly Holland Pritchard, Drew, Eckl & Farnham, Atlanta, GA, for McCain, et al.

Before KRAVITCH, Circuit Judge, and GODBOLD and RONEY, Senior Circuit Judges.

KRAVITCH, Circuit Judge:

This case arises out of an entry by law enforcement agents into the wrong residence to execute a presumably valid search warrant for a nearby house. Plaintiffs-Appellants Leonard and Mattie Hartsfield contest the district court's grant of summary judgment on, and dismissal of, their constitutional claims brought pursuant to 42 U.S.C. § 1983. We AFFIRM in part, REVERSE in part, and REMAND.

I.

"[T]he issue of a government...

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