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JENKINS v. WOOD

No. 95-3091.

81 F.3d 988 (1996)

James C. JENKINS and Lula M. Jenkins, Plaintiffs-Appellants, v. Colin WOOD, Rick Sabel, John Does, KBI Strike Force Agents; John Does, City of Topeka Swat Team Law Enforcement Personnel, each in their individual capacities; City of Topeka, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 16, 1996.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr. of Florez & Frost, P.A., Topeka, Kansas, for Plaintiffs-Appellants.

Betty J. Mick (Carla J. Stovall, Attorney General, John J. Knoll, Assistant Attorney General, and M.J. Willoughby, Assistant Attorney General, with her on the brief), Topeka, Kansas, for Defendants-Appellees Colin Wood and Rick Sabel.

David D. Plinsky, Chief of Litigation, City of Topeka, Topeka, Kansas, for Defendant-Appellee City of Topeka.

Before BRORBY, EBEL and HENRY, Circuit Judges.

BRORBY, Circuit Judge.

This case concerns a search of the home of James C. Jenkins, Sr., and Lula M. Jenkins. Mr. and Mrs. Jenkins sued the defendants pursuant to 42 U.S.C. § 1983, claiming the defendants' participation in the search violated rights secured by the Fourth Amendment to the United States Constitution. The district court granted the defendants-appellees' motion for summary judgment, and Mr. and Mrs. Jenkins appealed. We exercise jurisdiction under...

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