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F.E.R. v. VALDEZ

No. 94-4097.

58 F.3d 1530 (1995)

F.E.R., personally and on behalf of a class of patients similarly situated; S.A., S.L.B., L.A.M., B.E.S., A.L.V., as the guardian ad litem for A.L.C.; A.L.C., a minor, personally and on behalf of a class of patients similarly situated, Plaintiffs-Appellants, v. Sally VALDEZ, Agent, Bureau of Medicaid Fraud, Division of Investigation, Department of Public Safety, State of Utah; Dennis Kroll, Attorney for Bureau of Medicaid Fraud, Division of Investigation, Department of Public Safety, State of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 1995.

Attorney(s) appearing for the Case

Joro Walker (Brian M. Barnard and John Pace with her on the briefs), Utah Legal Clinic, Salt Lake City, UT, for plaintiffs-appellants.

Brent A. Burnett, Asst. Atty. Gen. (Jan Graham, Utah Atty. Gen., with him on the brief), Salt Lake City, UT, for defendants-appellees.

Before BRORBY, KELLY and HENRY, Circuit Judges.

BRORBY, Circuit Judge.

The plaintiffs are a group of patients (collectively the "Patients") of a psychiatrist who was the subject of a Medicaid fraud investigation. During the investigation, all of the psychiatrist's records were seized pursuant to a state search warrant. The Patients instituted a civil rights class action pursuant to 42 U.S.C. § 1983 against three state agents (the "defendants")1 alleging violations to their privacy...

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